THE INDIAN PORTS ACT, 19081 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.   Title and extent. 

2.  Savings. 

3.  Definitions. 

CHAPTER II 

POWERS OF THE GOVERNMENT 

4.  Power to extend or withdraw the Act or certain portions  thereof. 

5.  Alteration of limits of ports. 

6.  Power to make port-rules. 

CHAPTER III 

PORT-OFFICIALS AND THEIR POWERS AND DUTIES 

7.  Appointment of conservator. 

8.  Power of conservator to give and enforce directions for certain specified purposes.  

9.  Power to cut warps and ropes. 

10. Removal of obstructions within limits of port. 

11. Recovery of expenses of removal. 

12. Removal of lawful obstructions. 

13. Fouling of Government moorings. 

14. Raising or removal of wreck impeding navigation within limits of port.  

15. Power to board vessels and enter buildings. 

16. Power to require crews to prevent or extinguish fire.  

17. Appointment and powers of health-officer. 

18. Indemnity of Government against act or default of port -official or pilot. 

RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS 

CHAPTER IV 

General Rules 

19. Injuring buoys, beacons and moorings. 

20. Wilfully loosening vessel from moorings. 

21. Improperly discharging ballast. 

22. Graving vessel within prohibited limits. 

23. Boiling pitch on board vessel within prohibited limits. 

1. Subject to verification and confirmation by the Department. 

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SECTIONS 

24. Drawing spirits by unprotected artificial light. 

25. Warping. 

26. Leaving out warp or hawser after sunset. 

27. Discharge of fire-arms in port. 

28. Penalty on master omitting to take order to extinguish  fire. 

29. Unauthorised person not to search for lost stores. 

30. Removing stones or injuring shores of port prohibited. 

Special Rules 

31. Moving of vessels without pilot or permission of harbour -master. 

32. Provision of certain vessels with fire-extinguishing apparatus. 

CHAPTER V 

PORT-DUES, FEES AND OTHER CHARGES 

33. Levy of port-dues. 

34. Variation of port-dues by Government. 

35. Fees for pilotage and certain other services. 

36. Receipt, expenditure and account of port-charges. 

37. Grouping of ports. 

38. Receipts for port-charges. 

39. Master to report arrival. 

40. Conservator may in certain cases ascertain draught and charge expense to master.  

41. Ascertainment of tonnage of vessel liable to port -dues. 

42. Distraint and sale on refusal to pay port-charges. 

43. No port-clearance to be granted until port-charges are paid. 

44. Port-charges payable in one port recoverable at any other port.  

45. Penalty for evading payment of port-charges. 

46. Port-due on vessels in ballast. 

47. Port-due on vessels not discharging or taking in cargo. 

48. Port-due not to be chargeable in certain cases. 

49. Power to impose hospital port-dues. 

50. Application and account of hospital port-dues. 

CHAPTER VI  
HOISTING SIGNALS 

51. Master to hoist number of vessel. 

52. Pilot to require master to hoist number. 

 53. Penalty on pilot disobeying provisions of this Chapter. 

CHAPTER VII 

PROVISIONS WITH RESPECT TO PENALTIES 

54. Penalty for disobedience to rules and orders of the Government.  

55. Offences how triable, and penalties how recovered. 

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SECTIONS 

56. Costs of conviction. 

57. Ascertainment and recovery of expenses and damages payable under this    Act. 

58. Costs of distress. 

59. Magistrate to determine the amount to be levied in case of dispute.  

60. Jurisdiction over offences beyond local limits of jurisdiction.  

61. Conviction to be quashed oil merits only.  

CHAPTER VIII 

SUPPLEMENTAL PROVISIONS 

62. Hoisting unlawful colours in port. 

63. Foreign deserters. 

64. Application of sections 10 and 21.  

65. Grant of sites for sailors’ institutes. 

66. Exercise of powers of conservator by his assistants.  

67. Service of written notices of directions. 

68. Publication of orders of Government.  

68A.  Authorities  exercising  jurisdiction  in  ports  to  co-operate  in  manoeuvres  for  defence  of 

port. 

68B. Duties of the said authorities in an emergency.  

68C. Application of certain provisions of the Act to aircraft.  

68D. Maritime seruity. 

69.[Repealed.]. 

THE FIRST SCHEDULE.—PORTS, VESSELS CHARGEABLE, RATE OF PORT-DUES AND FREQUENCY 

THE SECOND SCHEDULE.—[Repealed.]. 

OF PAYMENT. 

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THE INDIAN PORTS ACT, 19081  

ACT NO. 15 OF 1908 

An Act to consolidate the enactments relating to ports and port-charges. 

WHEREAS it is expedient to consolidate the enactments relating to ports and port-charges; It is hereby 

enacted as follows:—  

[18th December, 1908.] 

CHAPTER  
PRELIMINARY 

1. Title and extent.—(1) This Act may be called the Indian Ports Act, 1908.  

(2) It shall extend, save as otherwise appears from its subject or context, —  

(a)  to  the  ports  mentioned  in  the  first  schedule,  and  to  such  parts  of  the  navigable  rivers 
and  channels  leading  to  such  ports  respectively  as  have  been  declared  to  be  subject  to  Act 
XXII of 1855 (for the Regulation of Ports and Port-dues) or to the Indian Ports Act, 1875 (12 
of 1875), or to the Indian Ports Act, 1889 (10 of 1889); 

(b)  to  the  other  ports  or  parts  of  navigable  r ivers  or  channels  to  which  the 

2[Government], in exercise of the power hereinafter conferred, extends this Act.  

(3)    But  nothing  in  section  31  or  section  32  shall  apply  to  any  port,  river  or  channel  to  which  the 

section has not been specially extended by the 2[Government]. 

2. Savings.—Nothing in this Act shall—  

(i)  apply  to  any  vessel  belonging  to,  or  in  the  service  of,  3[the  Central  Government 
or a State Government]   4*** or to any vessel of war belonging to any Foreign Prince or 
State, or 

(ii)  deprive  any  person  of  any  right  of  property  or  other  private  right,  except  as  hereinafter 

expressly provided, or 

(iii) affect any law or rule relating to the customs or any order or direction lawfully 

made or given pursuant thereto. 

3.  Definitions.—In  this  Act,  unless  there  is  anything  repugnant  in  the  subject  or            

context, — 

5[(1) “Magistrate” means a person exercising powers under the Code of Criminal Procedure, 1973 

(2 of 1974);] 

(2)  “master”,  when  used  in  relation  to  any  vessel  6[or  any  aircraft  making  use  of  any 
port], means, subject to the provisions of any other enactment for the time being in force, 
any  person  (except  a  pilot  or  harbour -master  6[of  the  port])  having  for  the  time  being  the 
charge or control of the vessel  6[or the aircraft, as the case may be]; 

1. For Report of Select Committee, see Gazette of India, 1908, Pt. V, p. 359; and for Proceedings in Council, see Gazette of India, 1908, 

Pt. VI, pp. 146, 154 and 182. 
This Act has been supplemented in its application to the port of Cochin by the Cochin Port Act, 1936 (6 of 1936), s. 2 and Sch. 
This Act has been amended in Andhra Pradesh by A.P. Act 18 of 1968, in Pondicherry by Pondy. Act 10 of 1969 and Tamil Nadu by 
T.N. Act 19 of 1975. 
This Act has been extended to Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and Sch. I, to the whole of the Union territory of 
Lakshadweep  (w.e.f.  1-10-1967):  vide  Reg.  8  of  1965, s.  3 and  Sch.,  and  Goa,  Daman  and  Diu  with  modifications  by  Reg.  12  of 
1962, s. 3 and Sch. 

2. Subs. by the A.O. 1937, for “Local Government”. 
3. Subs. by the A.O. 1950, for “His Majesty”. 
4. The words “or the Government of India ” omitted by the A.O. 1937. 
5. Subs. by Act 15 of 1997, s. 2, for clause  (1) (w.e.f. 9-1-1997). 
6. Ins. by Act 35 of 1951, s. 188. 

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(3) “pilot” means a person for the time being authorised by the 1[Government] to pilot vessels; 
(4) “port” includes also any part of a river or channel in which this Act is for the time being in 

force; 

(5) “port officer” is synonymous with master-attendant; 
2[(6)  “ton”  means  a  ton  as  determined  or  determinable  by  the  rules  made  under 
section  74  of  the  Merchant  Shipping  Act,  1958  (44  of  1958),  for  regulating  the 
measurement of the gross tonnage of ships; ] 

(7) “vessel” includes anything made for the conveyance 3[mainly] by water of human beings or of 

property; 

4[(8) “major port” means any port which the Central Government may by notification in 
the  Official  Gazette  declare,  or  may  under  any  law  for  the  time  being  in  force  ha ve 
declared, to be a major port; 5[and] 

(9)  “Government”,  as  respects  major  ports,  for  all  purposes,  and,  a s  respects  other 
ports,  for  the  purposes  of  making  rules  under  clause  (p)  of  section  6  (1)  and  of  the 
appointment  and  control  of  port  health -officers  under  section  17,  means  the  Central 
Government, and save as aforesaid, means the State Government.]  

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CHAPTER II 
POWERS OF THE 1[GOVERNMENT] 

4. Power to extend or withdraw the Act or certain portions thereof.—(1) 7*** The 1[Government] 

may, by notification in the Official Gazette,—  

(a)  extend  this  Act  to  any  port 8 in  which  this  Act  is  not  in  force  or  to  any  part  of  any 

navigable river or channel which leads to a port and in which this Act is not in force;  

(b) specially extend the provisions of section 31 or section 32 to any port to which they have not 

been so extended; 

(c) withdraw this Act or section 31 or section 32 from any port or any part thereof in which it is 

for the time being in force. 

(2) A notification under clause (a) or clause (b) of sub-section (1) shall define the limits of the area to 

which it refers. 

(3)  Limits  defined  under  sub-section  (2)  may  include  any  piers,  jetties,  landing-places, 
wharves, quays, docks and other  works  made on  behalf of the public for  convenience of traffic, 
for safety of vessels, or for the improvement, maintenance or good go vernment of the port and its 
approaches,  whether  within  or  without  high-water-mark,  and,  subject  to  any  rights  of  private 
property therein, any portion of the shore or bank within fifty yards of high -water-mark. 

(4) In sub-section (3) the expression “high-water-mark” means the highest point reached by ordinary 

spring tides at any season of the year. 

5. Alteration of limits of ports.—(1) The  1[Government] may,  9*** subject to any rights of 

private property, alter the limits of any port in which this Act  is in force. 

1. Subs. by the A.O. 1937, for “Local Government”.  
2. Subs. by Act 23 of 1992, s. 2, for clause (6) (w.e.f. 24-01-1994). 
3. Ins. by Act 35 of 1951, s. 188. 
4. Added by the A.O. 1937. 
5. Ins. by Act 23 of 1992, s. 2 (w.e.f. 23-1-1994). 
6. Clause (10) ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch. 
7. The words “with the previous sanction of the Governor General in Council” omitted by Act 6 of 1916, s. 2. 
8. Extended to the port of MORMUGAO vide G.S.R. 1831, dated 16-11-1963. 
9. The words “with the previous sanction of the Governor General in Council and” omitted by Act 6 of 1916, s. 3.  

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1[Explanation.—For  the  removal  of  doubts,  it  is  hereby  declared  that  the  power  coffered  on  the 
Government by this sub-section includes the power to alter the limits of any port by uniting with that port 
any other port or any part of any other port.] 

(2)  When  the 2[Government]  alters  the  limits  of  a  port  under  sub-section  (1),  it  shall  declare  or 
describe,  by  notification  in  the  Official  Gazette,  and  by  such  other  means,  if  any,  as  it  thinks  fit,  the 
precise extent of such limits. 

6.  Power  to  make  port-rules.—  (1)  The  2[Government]  may,  in  addition  to  any  rules 
which  it  may  make  under  any  other  enactment  for  the  time  being  in  force,  make  such  rules, 
consistent with this Act, as it thinks necessary for any of the following purposes, namely: —  

(a) for regulating the time and hours at and during which, the speed at which, and the manner and 
conditions in and on which, vessels generally or vessels of any class defined in the rules, may enter, 
leave or be moved in any port subject to this Act; 

(b) for regulating the berths, stations and anchorages to be occupied by vessels in any such port; 

(c)  for  striking  the  yards  and  top  masts,  and  for  rigging -in  the  booms  and  yards,  of 
vessels  in  any  such  port,  and  for  swinging  or  taking -in  davits,  boats  and  other  things 
projecting from such vessels; 

(d)  for  the  removal  or  proper  hanging  or  placing  of  anchors,  spars  and  other  things 

being in or attached to vessels in any such port:  

(e)  for  regulating  vessels  whilst  taking-in  or  discharging  passengers,  ballast  or  cargo,  or  any 
particular  kind  of  cargo,  in  any  such  port,  and  the  stations  to  be  occupied  by  vessels  whilst  so 
engaged; 

3[(ee)  for  regulating  the  manner  in  which  oil  or  water  mixed  with  oil  shall  be 

discharged in any such port and for the disposal of the s ame;] 

4[(eee) for regulating the bunkering of vessels with liquid fuel in any such port and the description 

of barges, pipe lines or tank vehicles to be employed in such bunkering;] 

(f)  for  keeping  free  passages  of  such  width  as  may  be  deemed  necessary  wit hin  any 
such  port,  and  along  or  near  to  the  piers,  jetties,  landing -places,  wharves,  (pays,  docks, 
moorings and other works in or adjoining to the same, and for marking out the spaces so to 
be kept free; 

(g)  for  regulating  the  anchoring,  fastening,  mooring  and  unmooring  of  vessels  in  any 

such port; 

(h) for regulating the moving and warping of all vessels within any such port and the use of warps 

therein; 

(i) for regulating the use of the mooring buoys, chains and other moorings in any such port; 
(j) for fixing the rates to be paid 5[in a port other than a major port] for the use of such moorings 
when  belonging  to  the  6 [Government],  or  of  any  boat,  hawser  or  other  thing  belonging  to  the 
2[Government]; 

7 [(jj)  for  regulating  the  use  of  piers,  jetties,  landing  places,  wharves,  quays, 

warehouses and sheds when belonging to the Government;  

(jja)  for  fixing  the  rates  to  be  paid  for  the  use  of  piers,  jetties,  landing  places, 
wharves,  quays,  warehouses  and  sheds  of  any  po rt,  other  than  a  major  port,  when 
belonging to the Government;] 

1. Ins. by Act 17 of 1978, s. 2. 
2. Subs. by the A.O. 1937, for “Local Government”. 
3. Ins. by Act 39 of 1923, s. 2. 
4. Ins. by Act 9 of 1925, s. 2. 
5. Ins. by Act 15 of 1997, s. 3 (w.e.f. 9-1-1997). 
6. Subs. by the A.O. 1950, for “Crown” which had been subs. by the A.O. 1937, for “Government”.  
7. Subs. by Act 15 of 1997, s. 3, for clause (jj) (w.e.f. 9-1-1997). 

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1[(k) for licensing and regulating catamarans plying for hire, and flats and cargo, passenger and 
other boats plying, whether for hire or not, and whether regularly or only  occasionally, in or partly 
within  and  partly  without  any  such  port,  and  for  licensing  and  regulating  the  crews  of  any  such 
vessels;  and  for  determining  the  quantity  of  cargo  or  number  of  passengers  or  of  the  crew  to  be 
carried by any such vessels and the conditions under which such vessels shall be compelled to ply for 
hire, and further for the conditions under which any licence may be revoked; 

(kk)  for  providing  for  the  fees  payable  in  respect  of  the  services  specified  in  clause  

(k) for any port, other than a major port;]  

(l) for regulating the use of fires and lights within any such port;  

(m) for enforcing and regultaing the use of signals or signal-lights by vessels by day or by night 

in any such port; 

(n) for regulating the number of the crew which must be on board any ves sel afloat 

within the limits of any such port;  

(o)  for  regulating  the  employment  of  persons  engaged  in  cleaning  or  painting  vessels,  or  in 

working in the bilges, boilers or double bottoms of vessels in any such port; 

2[(p) 3***  for  the  prevention  of  danger  arising  to  the  public  health  by  the  introduction  and  the 
spread of any infectious or contagious disease from vessels arriving at, or being in, any such port, and 
for the prevention of the conveyance of infection or contagion by means of any vessel sailing from 
any such port, and in particular and without prejudice to the generality of this provision, for—  

(i) the signals to be hoisted and the places of anchorage to be taken up by such vessels having 
any case, or suspected case, of any infectious or contagious disease on board, or arriving at such 
port from a port in which, or in the neighbourhood of which, there is believed to be, or to have 
been at the time when the vessel left such port, any infectious or contagious disease; 

(ii) the medical inspection of such vessels and of persons on board such vessels; 

(iii) the questions to be answered and the information  to be supplied by masters, pilots and 

other persons on board such vessels; 

(iv) the detention of such vessels and of persons on board such vessels; 

(v)  the  duties  to  be  performed  in  cases  of  any  such  disease  by  masters,  pilots  and  other 

persons on board such vessels; 

(vi)  the  removal  to  hospital  or  other  place  approved by  the  health-officer  and the  detention 
therein of any person from any such vessel who is suffering or suspected to be suffering from any 
such disease; 

(vii) the cleansing, ventilation and disinfection of such vessels or any part thereof and of any 
articles therein likely to retain infection or contagion, and the destruction of rats or other vermin 
in such vessels; 

(viii) the disposal of the dead on such vessels; and]  

(q) for securing the protection from heat of the officers and crew of vessels in any such port by 

requiring the owner or master of any such vessel—  

(i) to provide curtains and double awnings for screening from the 

such  
portions  of  the  deck  as  are  occupied  by,  or  are  situated  immediately  above,  the  quarters  of  the 
officers and crew; 

sun’s 

rays 

1. Subs. by Act 15 of 1997, s. 3, for clause (k) (w.e.f. 9-1-1997). 
2. Subs. by Act 4 of 1911, s. 2, for clause (p). 
3. Certain words omitted by the A.O. 1937. 

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(ii) to erect windsails so far as the existing portholes or apertures in the deck admit of their 

being used for ventilating the quarters of the officers and. crew; 

(iii) when the deck is made of iron and not wood-sheathed, to cover with wooden planks or 
other  suitable  non-conducting  material  such  portions  of  the  deck  as  are  situated  immediately 
above the quarters of the officers and crew; 

(iv)  when  the  quarters  used  by  the  crew  and  the  galley  are  separated  by  an  iron  bulk-head 
only,  to  furnish  a  temporary  screen  of  some  suitable  non-conducting  material  between  such 
quarters and the galley.  

1* 

                * 

                     * 

                         * 

                                                                        * 

(2) The power to make rules under sub-section (1) 2*** is subject to the condition of the rules being 

made after previous publication: 

Provided that nothing in this sub-section shall be construed to affect the validity of any rule in force 
immediately  before  the  commencement  of  the  Indian  Ports  Act,  1889  (10  of  1889)  and  continued  by 
section 2, sub-section (2), of that Act. 

3[(2A) Every rule made by the State Government under this Act shall be laid, as soon as may be after 

it is made, before the State Legislature. 

(2B) Every rule made by the Central Government under this Act shall be laid, as soon as may be after 
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule.] 

(3) If any person disobeys any rule made under clause (p) of sub-section (1), he shall be punishable 

for every such offence with fine which may extend to one thousand rupees. 

(4) If a master fails wholly or in part to do any act prescribed by any rule made under                clause 
(p)  of  sub-section  (1),  the  health-officer  shall  cause  such  act  to  be  done,  and  the  reasonable  expenses 
incurred in doing such act shall be recoverable by him from such master. 

CHAPTER III  
PORT-OFFICIALS AND THEIR POWERS AND DUTIES 

7.  Appointment  of  conservator.—(1)  The 4[Government]  shall  appoint  some  officer  or  body  of 

persons to be conservator of every port subject to this Act. 

(2) Subject to any direction by the 4[Government] to the contrary,—  

(a) in ports where there is a port-officer, the port-officer shall be the conservator; 

(b) in ports where there is no port-officer, but where there is a harbour-master, the harbour-master 

shall be the conservator. 
(3)  Where  the  harbour-master  is  not  conservator,  the  harbour-master  and  his  assistants  shall  be 

subordinate to, and subject to the control of, the conservator. 

(4)  The  conservator  shall  be  subject  to  the  control  of  the  4[Government],  or  of  any 

intermediate authority which  5[the Government] may appoint.  

1. Sub-section (1A) omitted by Act 26 of 1938, s. 8.Earlier inserted  by Act 15 of 1922, s. 2   
2. The words, brackets, figure and letter “and sub-section (IA)” omitted by Act 26 of 1938, s. 8. Earlier inserted by 

Act 15 of 1922, s. 2. 

3. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984). 
4. Subs. by the A.O. 1937, for “Local Government”. 
5. Subs., ibid., for “that Government”. 

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8.  Power  of  conservator  to  give  and  enforce  directions  for  certain  specified 
purposes.—(1) The conservator of any port subject to this Act may, with  respect to any vessel 
within  the  port,  give  directions  for  carrying  into  effect  any  rule  for  the  time  being  in  force 
therein under section 6. 

(2) If any persons wilfully and without lawful excuse refuses or neglects to obey any lawful 
direction of the conservator, after notice thereof has been  given to him, he shall, for every  such 
offence,  be  punishable  with  fine  which  may  extend  to  one  hundred  rupees,  and  in  the  case  of  a 
continuing  offence  with  a  further  fine  which  may  extend  to  one  hundred  rupees  for  every  day 
during  which,  after  such  notice  as  aforesaid,  he  is  proved  to  have  wilfully  and  without  lawful 
excuse continued to disobey the direction. 

(3)  In case  of  such refusal  or  neglect, the  conservator  may  do,  or cause to  be done, all  acts 
necessary  for  the  purpose  of  carrying  the  direction  into  execution,  and  may  hire  and  employ 
proper persons for that purpose, and all reasonable expenses incurred in doing such acts shall be 
recoverable by him from the person so refusing or neglecting to obey the direction.  

9. Power to cut warps and ropes.—The conservator of any such port may, in case of urgent 
necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangering the safety of any 
vessel in the port or at or near to the entrance thereof. 

10.  Removal  of  obstructions  within  limits  of  port.—(1)  The  conservator  may  remove,  or 
cause  to  be  removed,  any  timber,  raft  or  other  thing,  floating  or  being  in  any  part  of  any  such 
port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of 
any  pier,  jetty,  landing-place,  wharf,  quary,  dock,  mooring  or  other  work  on  any  part  of  the 
shore  or  bank  which  has  been  declared  to  be  within  the  limits  of  the  port  and  is  not  private 
property. 

(2)  The  owner  of  any  such  timber,  raft  or  other  thing  shall  be  liable  to  pay  th e  reasonable 
expenses  of  the  removal  thereof,  and  if  such  owner  or  any  other  person  has  without  lawful 
excuse caused any such  obstruction or impediment, or causes any public  nuisance affecting or 
likely to affect such free navigation or lawful use, he shal l also be punishable with fine which 
may extend to one hundred rupees. 

(3)  The  conservator  or  any  Magistrate  having  jurisdiction  over  the  offence  may  cause  any  such 

nuisance to be abated. 

11. Recovery of expenses of removal.—If the owner of any such timber, raft or other thing, 
or  the  person  who  has  caused  any  such  obstruction,  impediment  or  public  nuisance  as  is 
mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the 
removal thereof, within one week after demand, or within fourteen days after such removal has 
been notified in the Official Gazette or in such other manner as the  1[Government] by general or 
special order directs, the conservator may cause such timber, raft or other thing, or the materials 
of  any  public  nuisance  so  removed,  or  so  much  thereof  as  may  be  necessary,  to  be  sold  by 
public auction; 

and  may  retain  all  the expenses  of  such removal  and sale out  of the  proceeds  of the  sale, 
and  shall  pay  the  surplus  of  such  proceeds,  or  deliver  so  much  of  the  thing  or  materials  as 
may remain unsold, to the person entitled to receive the same;  

and, if no such person appears, shall cause the same to be kept and deposited in such manner as the 

1[Government] directs; 

and may, if necessary, from time to time, reali se the expenses of keeping the same, together 
with the expenses of sale, by a further sale of so muc h of the thing or materials as may remain 
unsold. 

12. Removal of lawful obstructions.—(1) If any obstruction or impediment to the navigation of any 
port subject to this Act has been lawfully made, or has become lawful by reason of the long continuance 
of such obstruction or impediment, or otherwise, the conservator shall report the same for the information 

1. Subs. by the A.O. 1937, for “Local Government”. 

9 

 
                                                      
of the 1[Government], and shall, with the sanction of 2[the Government], cause the same to be removed or 
altered, making reasonable compensation to the person suffering damage by such removal or alteration. 

(2)  Any  dispute  arising  concerning  such  compensation  shall  be  determined  according  to  the  law 

relating to like disputes in the case of land required for public purposes. 

13.  Fouling  of  Government  moorings.—(1) If any vessel hooks or gets foul of any of the 
buoys or moorings laid down by or by the authority of the  1[Government] in any such port, the 
master of such vessel shall not, nor shall any other person, except in case of emergency, lift the 
buoy  or  mooring  for  the  purpose  of  unhooking  or  getting  clear  from  the  same  without  the 
assistance of the conservator; 

and  the  conservator,  immediately  on  receiving  notice  of  such  accident,  shall  assist  and 

superintend the clearing of such vessel;  

and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred 

in clearing the same. 

(2) Any master or other person offending against the provisions of this section shall, for 

every such offence, be punishable with fine which may  extend to one hundred rupees. 

14.  Raising  or  removal  or  wreck 

impeding  navigation  within 

limits  of                            

port.— 3[(1)  If  any  vessel  is  wrecked,  stranded  or  sunk  in  any  port  in  such  a  manner  as  to 
impede  or  likely  to  impede  any  navigation  thereof,  the  conservator  shall  give  notice  to  the 
owner  of  the  vessel  to  raise,  remove  or  destroy  the  vessel  within  such  period  as  may  be 
specified  in  the  notice  and  to  furnish  such  adequate  security  to  the  satisfaction  of  the 
conservator  to  ensure  that  the  vessel  shall  be  raised,  removed  or  destroyed  within  the  said 
period: 

Provided  that  the  conservator  may  extend  such  period  to  such  further  period  as  he  may 
consider  necessary  having  regard  to  the  circumstances  of  such  case  and  the  extent  of  its  
impediment to navigation. 

(1A)  Where  the  owner  of  any  vessel  to  whom  a  notice  has  been  issued  under                             

sub-section  (1)  fails  to  raise,  remove  or  destroy  such  vessel  within  the  period  specified  in  the 
notice  or  the  extended  period  or  fails  to  furnish  the  security  required  of  him,  the  conservator 
may cause the vessel to be raised, removed or destroyed.  

(1B)  Notwithstanding  anything  contained  in  the  foregoing  sub-sections,  if  the  conservator  is  of  the 
opinion  that  any  vessel  which  is  wrecked,  stranded  or  sunk  in  any  port  is  required  to  be  immediately 
raised, removed or destroyed for the purpose of uninterrupted navigation in such port, he may, without 
giving any notice under sub-section (1), cause the vessel to be raised, removed or destroyed.] 

(2)  If  any  property  recovered  by  a  conservator  acting  4 [under  sub-section  (1A)  or            

sub-section  (1B)]  is  unclaimed  or  the  person  claiming  it  fails  to  pay  the  reasonable  expenses 
incurred by the conservator under that sub-section and a further sum of twenty per cent. of the 
amount  of  such  expenses,  the  conservator  may  sell  the  property  by  public  auction,  if  the 
property is of a perishable nature, forthwith, and, if it is not of a perishable nat ure, at any time 
not less than 5[thirty days] after the recovery thereof. 

(3)  The  expenses  and  further  sum  aforesaid  shall  be  payable  to  the  conservator  out  of  the              

sale-proceeds  of  the  property,  and  the  balance  shall  be  paid  to  the  person  entitled  to  the  property 
recovered,  or,  if  no  such  person  appears  and  claims  the  balance,  shall  be  held  in  deposit  for  payment, 
without interest, to any person thereafter establishing his right thereto: 

Provided that the person makes his claim within three years from the date of the sale.  

1. Subs. by the A.O. 1937,  for “Local Government”. 
2. Subs., ibid ., for “that Government”. 
3. Subs. by Act 23 of 1992, s. 3, for sub -section (1) (w.e.f. 12-8-1992). 
4. Subs. by s. 3, ibid., for “under sub-section (1)” (w.e.f. 12-8-1992). 
5. Subs. by s. 3, ibid., for “two months” (w.e.f. 12 -8-1992). 

10 

 
                                                      
 
1[(4) Where the sale proceeds of the property are not sufficient to meet the expenses and further 
sum aforesaid, the  owner  of the  vessel at the time the  vessel  was wrecked, stranded or  sunk shall 
be  liable  to  pay  the  deficiency  to  the  conservator  on  demand,  and  if  the  deficiency  be  not  paid 
within one month of such demand the conservator may recover the deficiency from such owner in 
the manner laid down in sub-section (2) of section 57 for recovery of expenses and damages or in 
any other manner according as the deficiency does not or does exceed one thousand rupees.]  

15. Power to board vessels and enter buildings.—(1) The conservator or any of his assistants may, 
whenever  he  suspects  that  any  offence  against  this  Act  has  been,  or  is  about  to  be,  committed,  or 
whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act, 

and  the  person  appointed  under  this  Act  to  receive  any  port  dues,  fees  or  other  charges 
payable  in  respect  of  any  vessel,  may,  whenever  it  is  necessary  for  him  so  to  d o  in  the 
performance of any duty imposed upon him by this Act,  

either  alone  or  with  any  other  person,  board  any  vessel,  or  enter  any  building  or  place,  within  the 

limits of any port subject to this Act. 

(2) If the master of the vessel, or any person in possession or occupation of the building or place, 
without lawful excuse, refuses to allow any such person as is mentioned in sub -section (1) to board 
or enter such vessel, building or place in the performance of any duty imposed upon him by this Act, 
he shall for every such offence be punishable with fine which may extend to two hundred rupees.  

16.  Power  to  require  crews  to  prevent  or  extinguish  fire.—(1)  For the purpose of preventing or 
extinguishing fire in any port subject to this Act, the conservator or port-officer may require the master of 
any vessel within the port to place at his disposal such number as he requires, not exceeding three-fourths, 
of the crew then under the order of such master. 

(2) Any master refusing or neglecting to comply with such requisition shall be punishable with 
fine  which  may  extend  to  five  hundred  rupees,  and  any  seaman  then  under  his  orders  who,  after 
being  directed  by  the  master  to  obey  the  orders  of  the  conservator  or  port-officer  for  the  purpose 
aforesaid,  refuses  to  obey  such  orders,  shall  be  punishable  with  fine  which  may  extend  to                  
twenty-five rupees. 

17.  Appointment  and  powers  of  health-officer.—(1)  The 2[Government] may  appoint at any port 

subject to this Act an officer to be called the health-officer. 

(2)  A  health-officer  shall,  subject  to  the  control  of  the  2[Government],  have  the  following  powers, 

within the limits of the port for which he is appointed, namely:—  

(a) with respect to any vessel, the powers conferred on a shipping-master by the Indian Merchant 

Shipping Act, 18593 (1 of 1859), section 71; 

(b)  power  to  enter  on  board  any  vessel  and  medically  examine  all  or  any  of  the  seamen  or 

apprentices on board the vessel; 

(c) power to require and enforce the production of the log-book and any other books, papers or 
documents  which  he  thinks  necessary  for  the  purpose  of  enquiring  into  the  health  and  medical 
condition of the persons on board the vessel; 

(d) power to call before him and question for any such purpose all or any of those persons and to 

require true answers to any questions which he thinks fit to ask; 

(e) power to require any person so questioned to make and subscribe a declaration of the truth of 

the statements made by him. 

18. Indemnity of Government against act or default of port-official or pilot.—The Government 
shall not be responsible for any act or default of any conservator, port-officer or harbour-master, of any 

1. Ins. by Act 55 of 1952, s. 2. 
2. Subs. by the A.O. 1937, for “Local Government”. 
3. See now the Merchant Shipping Act, 1958 (44 of 1958). 

11 

 
                                                      
 
port subject to this Act, or of any deputy or assistant of any of the authorities aforesaid, or of any person 
acting under the control or direction of any such authority, deputy or assistant, or for any act or default of 
any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, 
hawsers or other things belonging to the Government which may be used by the vessel: 

Provided that nothing in this section shall protect 1[the Government] from a suit in respect of any act 

done by or under the express order or sanction of the Government. 

CHAPT ER IV  

RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS 

General Rules 

19. Injuring buoys, beacons and moorings.—(1) No person shall, without lawful excuse, lift, injure, 
loosen  or  set  adrift  any  buoy,  beacon  or  mooring  fixed  or  laid  down  by,  or  by  the  authority  of,  the 
2[Government], in any port subject to this Act. 

(2)  If  any  person  offends  against  the  provisions  of  this  section,  he  shall  for  every  such  offence  be 
laible,  in  addition  to  the  payment  of  the  amount  of  damage  done,  to  fine  which  may  extend  to  two 
thousand rupees, or to imprisonment for a term which may extend to two years. 

20.  Wilfully  loosening  vessel  from  moorings.—If  any  person  wilfully  and  without  lawful  excuse 
loosens or removes from her moorings any vessel within any such port without leave or authority from 
the owner or master of the vessel, he shall, for every such offence, be punishable with fine  which may 
extend to two hundred rupees, or with imprisonment for a term which may extend to six months. 

21. Improperly discharging ballast.—(1) No ballast or rubbish, and no other thing likely to form a 
bank or shoal or to be detrimental to navigation, shall, without lawful excuse, be cast or thrown into any 
such port or into or upon any place on shore from which the same is liable to be washed into any such 
port, either  by  ordinary  or high  tides,  or  by  storms  or  land-floods  3[and no  oil  or  water  mixed  with  oil 
shall be discharged in or into any such port, to which any rules made under clause (ee) of sub-section (1) 
of section 6 apply, otherwise than in accordance with such rules]. 

(2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other 
thing 3[or  so  discharges  any  oil  or  water  mixed  with oil],  and the  master of  any  vessel  from  which  the 
same  is  so  cast, 4[thrown or  discharged],  shall  be  punishable  with fine  which  may  extend to 5[five  lakh 
rupees], and shall pay any reasonable expenses which may be incurred in removing the same. 

(3) If, after receiving notice from the conservator of the port to desist from so casting or throwing any 
ballast or rubbish or such other thing 3[or from so discharging any oil or water mixed with oil], any master 
continues so to cast, 6[throw or discharge the same], he shall also be liable to simple imprisonment for a 
term which may extend to 7[one year and to fine which may extend to five lakh rupees]. 

(4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is 
cast or thrown into 8[or the oil or water mixed with oil is discharged in or into] any such port with the 
consent in writing of the conservator, or within any limits within which such act may be authorised by the 
2[Government]. 

22. Graving vessel within prohibited limits.—If any person graves, breams or smokes any vessel 
in any such port, contrary to the directions of the conservator, or at any time or within any limits at or 

1.  The words “the Secretary of State for India in Council ” successively subs. by the A.O. 1937 and the A.O. 1950, 

to read as above. 

2.  Subs. by the A.O. 1937, for  “Local Government. 
3.  Ins. by Act 39 of 1923, s. 3.  
4.  Subs. by s. 3, ibid., for “or thrown”. 
5.  Subs. by Act 23 of 1992, s. 4, for  “five hundred rupees” (w.e.f. 12-8-1992). 
6.   Subs. by Act 39 of 1923, s. 3, for “or throw it”. 
7.  Subs. by Act 23 of 1992, s. 4, for  “two months” (w.e.f. 12-8-1992). 
8. Ins. by Act 39 of 1923, s. 3. 

12 

 
                                                      
within  which  such  act  is  prohibited  by  the 1[Government],  he  and  the  master  of  the  vessel  shall  for 
every such offence be punishable with fine which may extend to five hundred rupees each. 

23.  Boiling  pitch  on  board  vessel  within  prohibited  limits.—If any person boils or heats  any 
pitch, tar, resin, dammer, turpentine, oil, or other such combustible matter on board any vessel within 
any such port, or at any place within its limits where such act  is prohibited by the  1[Government], or 
contrary  to  the  directions  of  the  conservator,  he  and  the  master  of  the  vessel  shall  for  every  such 
offence be punishable with fine which may extend to two hundred rupees each. 

24.  Drawing  spirits  by  unprotected  artificial  light.—If  any  person,  by  an  unprotected  artificial 
light, draws off spirits on board any vessel within any port subject to this Act, he and the master of the 
vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each. 

25. Warping.—(1) Every  master of a vessel in any port subject to this Act shall, when required 
so to do by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of 
warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until 
required so to do. 

(2) A master offending against sub-section (1) shall be punishable for every such offence with fine 

which may extend to two hundred rupees. 

26.  Leaving  out  warp  or  hawser  after  sunset.—(1)  A  master  of  a  vessel  shall  not  cause  or 
suffer any warp or hawser attached to his vessel to be left out in any port subject to this Act after 
sunset in such a manner as to endanger the safety of any other vessel navigating in the  port. 

(2) A master offending against sub-section (1) shall be punishable for every such offence with fine 

which may extend to two hundred rupees. 

27. Discharge of fire-arms in port.—If any person, without lawful excuse, discharges any firearm in 
any  port  subject  to  this  Act,  or  on  or  from  any  pier, landing  place,  warp  or  quay  thereof,  except  a  gun 
loaded only with gunpowder for the purpose of making a signal of distress, or for such other purpose as 
may be allowed by the 1[Government], he shall for every such offence be punishable with fine which may 
extend to fifty rupees. 

28.  Penalty  on  master  omitting  to  take  order  to  extinguish  fire.—If the master of any vessel in 
which fire takes place while lying in any such port wilfully omits to take order to extinguish the fire or 
obstructs the conservator or the port-officer, or any person acting under the authority of the conservator or 
port-officer,  in  extinguishing  or  attempting  to  extinguish  the  fire,  he  shall  be  punishable  with 
imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or 
with both. 

29. Unauthorised person not to search for lost stores.—(1) No person, without the permission of 
the conservator, shall, in any port subject to this Act, creep or sweep for anchors, cables  or other stores 
lost or supposed to be lost therein. 

(2) If any person offends against the provisions of sub-section (1), he shall be punishable with fine 

which may extend to one hundred rupees. 

30. Removing stones or injuring shores of port prohibited.—(1) No person without the permission 
of the conservator shall in any port subject to this Act remove or carry away any rock, stones, shingle, 
gravel, sand or soil or any artificial protection from any part of the bank or shore of the port; 

and no person shall sink or bury in any part of such bank or shore, whether the same is public 
or  private  property,  any  mooring-post,  anchor  or  any  other  thing,  or  do  any  other  thing  which  is 
likely to injure or to be used so as to injure such bank or shore, except with the  permission of the 
conservator, and with the aid or under the inspection of such person, if any, as the conservator may 
appoint to take part in or overlook the performance of such work. 

1. Subs. by the A.O. 1937, for “Local Government”. 

13 

 
                                                      
 
 
(2) If any person offends against sub-section (1), he shall for every such offence be punishable with 
fine  which  may  extend  to  one  hundred  rupees  and  shall  pay  any  reasonable  expenses  which  may  be 
incurred in repairing any injury done by him to the bank or shore. 

Special Rules 

31.  Moving  of  vessels  without  pilot  or  permission  of  harbour-master.—(1)  No  vessel  of 
the  measurement  of  two  hundred  tons  or  upwards  shall  enter,  leave  or  be  moved  in  any  port  to 
which this section has been specially extended without having a pilot, harbour -master or assistant 
of the port-officer or harbour-master on board; 

1[and  no  mechanically  propelled  vessel  of  any  measurement  less  than  two  hundred  tons  and  no 
other vessel of any measurement less than two hundred tons and exceeding one hundred tons] shall 
enter, leave or be moved in any such port  without having a pilot, harbour-master or assistant of the 
port-officer or harbour-master on board, unless authority in writing so to do has been obtained from 
the conservator or some officer empowered by him to give such authority.  

2[Provided that the 3[Government] may, by notification in the Official Gazette, direct that in any port 
specified in such notification the provisions of this sub-section shall not apply to sailing vessels of any 
measurement not exceeding a measurement so specified.] 

4[(2) Notwithstanding anything in sub-section (1), the owner or master of a vessel which is by 
that sub-section required to have a pilot, harbour-master or assistant of the port-officer or harbour-
master on board, shall be answerable for- any loss or damage caused by  the vessel or by any fault 
of  the  navigation  of  the  vessel,  in  the  same  manner  as  he  would  have  been  if  he  had  not  been  so 
required by that sub-section: 

Provided that the provisions of this sub-section shall not take effect till the first day of January, 
1918,  or  such  earlier  date  as  the  Central  Government  may  notify  in  that  behalf  in  the  Official 
Gazette.] 

5[(3)] If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary 
to the provisions of sub-section (1), the master of the vessel shall for every such offence be punishable 
with  fine  which  may  extend  to  two  hundred  rupees,  unless  upon  application  to  the  proper  officer  the 
master was unable to procure a pilot, harbour-master or assistant of the port-officer or harbour-master to 
go on board the vessel. 

6* 

* 

* 

* 

     * 

32.  Provision  of  certain  vessels  with  fire  extinguishing  apparatus.—(1)  Every  vessel  exceeding 
the  measurement  of  two  hundred  tons  and  lying  in  any  port  to  which  this  section  has  been  specially 
extended  shall  be  provided  with  a  proper  force  pump  and  hose  and  appurtenances,  for  the  purpose  of 
extinguishing any fire which may occur on board. 

(2) The master of such a vessel who, having been required by the conservator to comply with 
the provisions of sub-section (1), neglects or rufuses, without lawful excuse, so to do for the space 
of  seven  days  after  such  requisition,  shall  be  punishable  with  fine  which  may  extend  to  five 
hundred rupees. 

1. Subs. by Act 55 of 1952, s. 3, for certain words.  
2. Ins. by Act 36 of 1925, s. 2. 
3. Subs. by the A.O. 1937, for “Governor-General in Council”. 
4. Ins. by Act 6 of 1916, s. 5.  
5. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by s. 5, ibid. 
6. Sub-sections (4) and (5), as re-numbered by Act 6 of 1916, s. 5, omitted by Act 36 of 1925, s. 2.  

14 

 
 
 
 
 
 
 
 
 
 
 
                                                      
 
CHAPTER V 

PORT-DUES, FEES AND OTHER CHARGES 

33.  Levy  of  port-dues.—(1) 1[Subject  to  the,  provisions  of  sub-section  (2)],  in  each  of  the 
ports mentioned in the first schedule  2[other than a major port] such port-due, not exceeding the 
amount specified for the port in the third column of the schedule as  the 3[Government], directs, 
shall be levied on vessels entering the port and described in the second column of the schedule, 
but not oftener than the time fixed for the port in the fourth column of the schedule.  

1[(2)  The  3[Government]  may,  by  notification  in  the  Official  Gazette,  alter  or  add  to  any 
entry in the first schedule relating to ports  4[in 5[any State] or, as the case may be, in the State], 
and this power shall include the power to regroup any such ports:  

6* 
         * 
7[(3)] Whenever the 1[Government], 8***  declares  any  other  port  2[other  than  a  major  port]  to  be 

          *  

           *  

     * 

subject to this Act, it may,  9*** by the same or any subsequent declaration, further declare,—  

(a)  in  the  terms  of  any  of  the  entries  in  the  second  column  of  the  first  schedule  the 

vessels which are to be chargeable with port -dues on entering the port, 

(b) the highest rates at which such dues may be levied in respect of vessels chargeable therewith, 

and 

(c) the times at which such vessels are to be so chargeable. 

10*   
         * 
7[(4)]  All  port-dues  now  leviable  in  any  port  shall  continue  to  b e  so  leviable  until  it  is 

          *  

           *  

     * 

otherwise declared in exercise of the powers confer red by this section.  

7[(5)]  An  order  increasing  or  imposing  port-dues  under  this  section  shall  not  take  effect  till 
the  expiration  of 11[thirty  days]  from  the  day  on  which  the  order  was  published  in  the  Official 
Gazette. 
12[34. Variation of port dues by Government.—The Government may after consulting,—  
(a) in case of ports other than major ports, the authority appointed under section 36; 
(b) in case of major ports, the Authority constituted under section 47A of the Major Port Trusts 

Act, 1963 (38 of 1963), 

exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels 
entering  a  port  subject  to  this  Act  from  payment  of  port-dues  and  cancel  the  exemption,  or  may 
vary the rates at which port dues are to be fixed in the port, in such manner as, having regard to 
the  receipts  and  charges  on  account  of  the  port  it  thinks  expedient,  by  reducing  or  raising  the 
dues, or any of them or may extend the periods for which any vessel or class of vessels entering a 
port shall be exempt from liability to pay port-dues: 

Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this 

Act.] 

1. Ins. by Act 6 of 1916, s. 6. 
2. Ins. by Act 15 by 1997, s. 4 (w.e.f. 9-1-1997). 
3. Subs. by the A.O. 1937, for “Local Government.” 
4. subs., ibid., for “within its own province.” 
5. The words “British India” successively subs. by the A.O. 1948; and the A.O. 1950 to read as above. 
6. Proviso omitted by the A.O. 1937. 
7. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by Act 6 of 1916, s. 6. 
8. Certain words omitted by Act 6 of 1916, s. 6. 
9. The words “with the like sanction” omitted by s. 6, ibid. 
10. The proviso ins. by s. 6, ibid. Earlier omitted by the A.O. 1937. 
11. Subs. by Act 23 of 1992, s. 5, for “sixty days” (w.e.f. 12-8-1992). 
12. Subs. by Act 15 of 1997, s. 5, for s. 34 (w.e.f. 9-1-1997). 

15 

 
 
 
 
 
 
 
 
 
 
 
 
                                                      
35.  Fees  for  pilotage  and  certain  other  services.—(1) Within any port subject to this Act 
1[not  being  a  major  port],  fees  may  be  charged  for  pilotage,  hauling„  mooring,  re-mooring, 
hooking,  measuring  and  other  services  rendered  to  vessels,  at  such  rates  as  the  2[Government], 
may direct: 
3* 
           * 
(2) The fees now chargeable for such services shall continue to be chargeable unless and until they 

                * 

            *  

           *   

are altered in exercise of the power conferred by sub-section (1). 

4[(3)  The  Government  may,  in  special  cases,  remit  the  whole  or  any  portion  of  the  fees 

chargeable under sub-section (1) or sub-section (2). 

36.  Receipt,  expenditure  and  account  of  port -charges.—(1)  The  2[Government]  shall 
appoint  some  officer  or  body  of  persons  at  every  port  at  which  any  dues,  fees  or  other 
charges are authorised to be taken by or under this Act to receive the same and, subject to the 
control of the  2[Government], to expend the receipts on any of the objects authorised by this 
Act.  

(2)  Such  officer  or  body  shall  keep  for  the  port  a  distinct  account,  to  be  called  the  port 
fund  account,  showing,  in  such  detail  as  the  2[Government]  prescribes,  the  receipts  and 
expenditure of the port, and shall publish annually as soon after the first day of April as may 
be  practicable  an  abstract,  in  such  form  as  5[the  Government]  prescribes,  of  the  account  for 
the past financial year: 

6[Provided that the port fund account for any port may, if so authori sed under the provisions 
of any Act relating to such port, be merged with the general account of that port, and in such a 
case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and 
(5)  shall  have  effect  as  if  for  the  words  “the  port  fund  account  of  the  port”  therein,  the  words 
“the general account of the port” had been substituted.] 

7* 
            * 
(4) All money received under this Act at or on account of any port subject to this Act,  

  * 

* 

* 

excluding receipts on account of pilotage but including -  

8 [(a)  fines  other  than  those  creditable  to  the  pilotage.  account  of  the  port  under             

sub-section (5a)], 

(b) proceeds of waifs, and 
(c)  any  balance  of  the  proceeds  of  a  sale  under  section  14  where  no  right  to  the 
balance  has  been  established  on  a  claim  made  within  three  years  from  the  date  of  the 
sale,  

shall be credited in the port fund account of the port.  

 (5) All expenses incurred for the sake of any such port, excluding expenses on account of pilotage 

but including—  

(a)  the pay and allowances of all persons upon the establishment of the port,  
(b) the cost of buoys, becons, lights and all other works maintained chiefly for the benefit  
of  vessels  being  in  or  entering  or  leaving  the  port  or  passing  through  the  rivers  or  channels 
leading thereto, 

1. Ins. by Act 15 of 1997, s. 6 (w.e.f. 9-1-1997). 
2. Subs. by the A.O. 1937, for  “Local Government”. 
3. The original proviso was omitted by Act 6 of 1916, s. 8, and the proviso ins. by Act 11 of 1929, s. 3, omitted by the  
   A.O. 1937. 
4. Ins. by Act 35 of 1951, s. 190. 
5. Subs. by the A.O. 1937, for  “that Government.” 
6. Ins. by Act 35 of 1951, s. 191. 
7 Sub-section (3) omitted by Act 6 of 1916, s. 9. 
8. Subs. by Act 35 of 1951, s. 191, for cl.  (a). 

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
 
(c) pensions, allowances and gratuities of persons who have been employed in the port under this 
or any other enactment relating to ports and port dues, or such portion of those pensions, allowances 
and gratuities as the 1[Government] may by rule determine. 

(d)  with  the  previous  sanction  of  the  1[Government],  contributions  towards  the  support  of 
public hospitals or dispensaries suitable for the receiption or relief of seamen or otherwise towards 
the  provision  of  sanitary  superinendence  and  medical  aid  for  the  shipping  in  the  port  and  for 
seamen whether ashore or afloat, belonging to vessels in the port, and 

(e) with the like sanction, contributions towards sailors’ homes, institutes, rest-houses and coffee-
houses  and  for  other  purposes  connected  with  the  health,  recreation  and  temporal  well-being  of 
sailors, 

shall be charged to the port fund account of the port.  

2[(5a) All fees charged for pilotage at any port subject to this Act  3[other than a major port] and 
all fines and penalties levied under the Act or under any other Act relating to the port from pilots or 
other persons employed in the pilot service other than fines and penalties imposed by a court, shall 
be credited to a distinct account to be called the pilotage account of the port.  

(5b)  All  sums  so  credited  to  the  pilotage  account  may  be  applied,  in  such  proportions  as  the 

Government may from time to time direct, to the following purposes, namely:—  

(a)  the  purchase  and  maintenance  in  repair  of  such  vessels,  and  the  supply  of  such  materials, 
stores or other things as the officer or body appointed under sub-section (1) may deem it necessary to 
purchase, maintain or supply for the efficiency of the pilot service; 

(b) the payment of the salaries, wages and allowances of pilots and other persons employed in the 

pilot service or in the supervision thereof: 

(c)  the  payment  of  pensions,  retiring  gratuities,  compassionate  allowances  or  bonuses  to  pilots 
and other persons engaged in the pilot service, and of the contributions, if any, duly authorised to be 
made in their behalf to any provident fund or welfare fund; 

(d)  the  payment  of  pensions,  gratuities  and  compassionate  allowances  granted  by  the 
officer  or  body  appointed  under  sub-section  (1)  to  pilots  and  other  persons  engaged  in  the 
pilot  service  who  have  been  injured  in  the  execution  of  their  duty  and  to  the  survivi ng 
relatives of pilots and other persons so engaged who have been killed in the execution of their 
duty or who may die while still in the service of such officer or body; 

(e)  the  provision  of  educational,  recreational  and  other  amenities  for  pilots  and  other  persons 

employed in the pilot service; 

(f) the payment of contributions or appropriations to any special fund or funds established 
under  the  provisions  of  any  other  Act  relating  to  the  port  to  which  the  officer  or  body 
appointed  under  sub-section  (1)  considers  contributions  or  appropriations  should  be  made 
from the pilotage account; 

 (g) any other expenditure which may, with the previous sanction of the Government, be incurred 

in respect of the pilot service. 

(5c)  If  the  officer  or  body  appointed  under  sub-section  (1)  at  any  port  is  also  the  authority 
responsible  for  maintaining  the  general  account  of  the  port,  then  notwithstanding  the  absence  of 
any  provision  in  that  behalf  in  the  Act  under  which  such  general  account  is  maintained,  such 
officer  or  body  may,  with  the  previous  sanction  of  the  Government,  apply  any  sum  out  of  the 
moneys credited to such general account towards meeting deficits, if any, in the pilotage account of 
the  port,  or  transfer  the  whole  or  any  part  of  any  surplus  funds,  in  the  pilot age  account  to  the 
general account of the port.] 

1. Subs. by the A.O. 1937, for “Local Government”. 
2. Ins. by Act 35 of 1951, 8. 191. 
3. Ins. by Act 23 of 1992, s. 6 

17 

 
                                                      
 
(6)  Subject  to  the  provisions  of  any  local  law  as  to  the  disposal  of  any  balance  from  time  to  time 
standing  to  the  credit  of  a  port  fund  account  1[or  of  a  pilotage  account],  any  such  balance  may  be 
temporarily invested in such manner as the 2[Government], may direct. 

37.  Grouping  of  ports.—(1)  The State Government may direct that for the purposes of the last 
foregoing  section  any  number  of  ports  3[in  the  State  not  being  major  ports]  shall  be  regarded  as 
constituting  a  single  port,  and  thereupon  all  moneys  to  be  credited  to  the  port  fund  account  under 
sub-section  (4)  of  that  section  shall  form  a  common  port  fund  account  which  shall  be  available  for 
the payment of all expenses incurred for the sake of any of the ports: 

4*    

*  

        *  

            *   

            *  

(2) Where ports are grouped by or under this Act, the following consequences ensue, namely: —  

(a)  the  State  Government,  in  the  exercise  of  its  control  over  expenditure  debitable  to  the 
common port fund account of the group, may,  5*** make rules with respect to the expenditure 
of the fund for the sake of the several ports of the group on the objects  authorised by this Act  
5***; and 

(b) by the State Government may exercise its authority under section 34 as regards all the ports in 

the group collective by or as regards any of them separately. 

38.  Receipts  for  port-charges.—The  person  to  whom  any  dues,  fees  or  other  charges 
authorized  to  be  taken  by  or  under  this  Act  are  paid  shall  grant  to  the  person  paying  the  same  a 
proper  voucher  in  writing  under  his  hand,  describing  the  name  of  his  office,  the  port  or  place  at 
which the dues, fees or other charges are paid, and the name, tonnage and other  proper description 
of the vessel in respect of which the payment is made. 

39. Master to report arrival.—(1) Within twenty-four hours after the arrival within the limits 
of any port subject to this Act of any vessel liable to the payment of port -dues under this Act, the 
master of the vessel shall report her arrival to the conservator of the port. 

(2)  A  master  failing  without  lawful  excuse  to  make  such  report  within  the  time  aforesaid  shall  for 

every such offence be punishable with fine which may extend to one hundred rupees. 

(3) Nothing in this section applies to tug-steamers, ferry steamers or river steamers plying to and from 

any of the ports subject this Act.6*** 

40. Conservator may in certain cases ascertain draught and charge expense to master.—If any 
vessel liable to the payment of port-dues is in any such port without proper marks on the stem and stern 
posts thereof for denoting her draught, the conservator may cause the same to be ascertained by means of 
the operation of hooking, and the master of the vessel shall be liable to pay the expenses of the operation. 

41.  Ascertainment  of  tonnage  of  vessel liable  to  port-dues.—In order to ascertain the tonnage of 

any vessel liable to pay port-dues the following rules shall be observed, namely:—  

(1)  (a)  If  the  vessel  is  a  British  registered  vessel  or  a  vessel  registered  under  the  Indian 
registration  of  Ships  Act,  1841  (10  of  1841),  or  the  Indian  Registration  of  Ships  Act,  (1841) 
Amendment  Act,  1850  (11  of  1850),  or  under  any  other  law  for  the  time  being  in  force  for  the 
registration of vessels in 7[India], the conservator may require the owner or master of the vessel 
or any person having possession of her register to produce the register for inspection. 

1. Ins. by Act 35 of 1951, s. 191. 
2. Subs. by the A.O. 1937, for “Local Government”.  
3. Ins., ibid. 
4. The proviso omitted, ibid. 
5. Certain words omitted, ibid. 
6. Certain words omitted by the A.O. 1948. 
7.  The  words  “British  India”  successively  amended  by  the  A.O.  1948,  the  A.O.  1950  and  Act 3  of 1951,  s.  3 and  Sch.,  to  read as 

above. 

18 

 
 
 
 
 
 
 
 
 
                                                      
 
(b)  if  the  owner  or  master  or  such  person  neglects  or  refuses  to  produce  the  register  or 
otherwise  to  satisfy  the  conservator  as  to  what  is  the  true  tonnage  of  the  vessel  in  respect  of 
which  the  port-dues  are  payable,  he  shall  be  punishable  with  fine  which  may  extend  to  one 
hundred  rupees,  and  the  conservator  may  cause  the  vessel  to  be  measured,  and  the  tonnage 
thereof to be ascertained, according to the mode of measurement prescribed by the rules for the 
time  being  in  force  for  regulating  the  measurement  of  British  vessels,  and  in  such  case  the 
owner or master of the vessel shall also be liable to pay the expenses of the measurement.  

(2)  If  the  vessel  is  not  a  British  registered  vessel  or  a  vessel  registered  under  the  Indian 
Registration  of  Ships  Act,  1841  (10  of  1841),  or  the  Indian  Registration  of  Ships  Act  (1841) 
Amendment  Act,  1850  (11  of  1850),  or  under  any  other  law  for  the  time  being  in  force  for  the 
registration of vessels in 1[India], and the owner or master thereof fails to satisfy the conservator 
as to what is her true tonnage according to the mode of measurement prescribed by the rules for 
the  time  being  in  force  for  regulating  the  measurement  of  British  vessels,  the  conservator  shall 
cause the vessel to be measured' and the tonnage thereof to be ascertained, according to the mode 
aforesaid, and in such case the owner or master of the vessel shall be  liable to pay the expenses 
of the measurement. 

(3) If the vessel is a vessel of which the tonnage cannot be ascertained according to the mode of 
measurement mentioned in clauses (1) and (2), the tonnage of the vessel shall be determined by the 
conservator on such an estimate as may seem to him to be just. 
42. Distraint and sale on refusal to pay port-charges.—If the master of any vessel in respect of 
which any port-dues, fees or other charges are payable under this Act, refuses or neglects to pay the 
same  on  demand,  the  authority  appointed  to  receive  such  port-dues,  fees  or  other  charges  may 
distrain  or  arrest  the  vessel,  and  the  tackle,  apparel  and  furniture  belonging  thereto  or  any  part 
thereof, and detain the same until the amount due is paid; 

and  in  case  any  part  of  the  port-dues,  fees  or  other  charges  or  of  the  costs  of  the  distress  or 
arrest  or  of  the  keeping  of  the  vessel  or  other  thing  distrained  or  arrested  remains  unpaid  for  the 
space  of  five  days  next  after  any  such  distress  or  arrest,  may  cause  the  vessel  or  other  thing 
distrained or arrested to be sold, and with the proceeds of such sale may satisfy the port -dues, fees 
or  other  charges  and  the  costs  including  the  costs  of  the  remaining  unpaid,  an d  shall  render  the 
surplus, if any, to the master of the vessel upon demand. 

2[Provided that where such vessel or other thing is already arrested under the order of a court or other 
authority, the authority appointed to receive port-dues, fees or other charges, may sell the vessel or other 
thing  only  with  the  prior  permission  of  such  court  or  other  authority  and  satisfy  the  port-dues,  fees  or 
other charges and the costs including costs of sale remaining unpaid, and disburse the surplus, if any, in 
accordance with the orders or directions of such court or other authority: 

Provided further that the person to whom the vessel or other thing is sold under this section shall 

be deemed to be the owner thereof and registered as such under the Merchant Shipping Ac t, 1958]. 

43.  No  port-clearance  to  be  granted  until  port-charges  are  paid.—The  officer  of                              

Government whose duty it is to grant a port-clearance for any vessel shall not grant such clearance—  

(a) until her owner or master, or some other person, has paid or secured to the satisfaction of 
such  officer  the  amount  of  all  port-dues,  fees  and  other  charges,  and  of  all  fines,  penalties  and 
expenses to which the vessel or her owner or master is liable under this Act, 

(b) until all expenses, which by the Merchant Shiping Act, 1894 (57 & 58 Vict., c. 60.), section 
207, are to be borne by her owner incurred since her arrival in the port from which he seeks clearance, 
have been paid. 

44.  Port-charges  payable  in  one  port  recoverable  at  any  other  port.—(1)  If  the  master  of  any 
vessel in respect of which any such sum as is mentioned in the last foregoing section is payable causes her  

1. The words “British India” successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and Sch., to read as above. 
2. The proviso inserted by Act 23 of 1992, s. 7 (w.e.f. 12-8-1992). 

19 

 
 
                                                      
to leave any port without having paid the sum, the authority appointed to receive port-dues, fees and other 
charges at the port under this Act may require in writing the authority appointed to receive port-dues, fees 
and other charges under this Act at any other port in 1[India] to which she may proceed, or in which she 
may be, to levy the sum. 

(2)  The  authority  to  whom  the  requisition  is  directed  shall  proceed  to  levy  such  sum  in  the 
manner prescribed in section 42, and a certificate purporting to be made by the authority appointed to 
receive  port-dues,  fees  and  other  charges  at  the  port  where  such  sum  as  is  mentioned  in  the  last 
foregoing section became payable, stating- the amount payable, shall be sufficient  prima facie proof 
of such amount in any proceeding under section 42 and also (in case the amount payable is disputed) 
in any subsequent proceeding under section 59. 

45.  Penalty  for  evading  payment  of  port-charges.—(1)  If  the  master  of  a  vessel  evades  the 
payment  of  any  such  sum  as  is  mentioned  in  section  43,  he  shall  be  punishable  with  fine  which  may 
extend to five times the amount of the sum. 

(2) In any proceeding before a Magistrate on a prosecution under sub-section (1), any such certificate 
as is mentioned in section 44, sub-section (2), stating that the master has evaded such payment, shall be 
sufficient prima facie proof of the evasion, unless the master shows to the satisfaction of the Magistrate 
that the departure of the vessel without payment of the sum was caused by stress of weather, or that there 
was lawful or reasonable ground for such departure. 

(3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed, or 

in which she may he found, shall be deemed to have jurisdiction in any proceeding under this section. 

46. Port-due on vessels in Ballast.—A vessel entering any port 2[not being a major port] subject to 
this  Act 3***  in  ballast  and  not  carrying  passengers  shall  be  charged  with  a  port-due  at  a  rate  to  be 
determined  by  the 4[Government]  and  not  exceeding  three-fourths  of  the  rate  with  which  she  would 
otherwise be chargeable. 

47.  Port-due  on  vessels  not  discharging  or  taking  in  cargo.—When a  vessel enters a port 
5[not  being  a  major  port]  subject  to  this  Act,  but  does  not  discharge  or  take  in  any  cargo  or 
passengers  therein  (with  the  exception  of  such  unshipment  and  reshipment  as  may  be  necessary 
for  purposes  of  repair),  she  shall  be  charged  with  a  port-due  at  a  rate  to  be  determined  by  the 
4[Government] and not exceeding half the rate with which she would otherwise be chargeable.  

48.  Port-due  not  to  be  chargeable  in  certain  cases.—No  port-due  shall  be  chargeable in 

respect of—  

(a) any pleasure yacht, or 

(b)  any  vessel  which,  having  left  any  port,  is  compelled  to  re -enter  it  by  stress  of 

whether or in consequence of having sustained any damage, or  

(c) any vessel which, having entered 6[any port 7[in the territories which, immediately before the 
1st November, 1956, were comprised in the States of Madras and Andhra] or the Port of Gopalpur in 
the State of Orissa], leaves it within forty-eight hours without discharge or taking in any passengers 
or cargo. 
49.  Power  to  impose  hospital  port-dues.—(1)  The  4[Central  Government] may, by notification in 
the Official Gazette, order that there shall be paid in respect of every vessel entering any port subject to 
this  Act,  within  a  reasonable  distance  of  which  there is  a  public  hospital  or  dispensary  suitable  for  the 

1. The words “British India” successively amended by the  A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and 

Schedule to read as above. 

2. Ins. by Act 15 of 1997, s. 7 (w.e.f. 9-1-1997). 
3. Certain words omitted by the A.O. 1937. 
4. Subs., ibid., for “Local Government”. 
5. Ins. by Act 15 of 1997, s. 8 (w.e.f. 9-1-1997). 
6. Subs. by Act 35 of 1950, s. 3 and Second Schedule, for certain words. 
7. Subs. by the A.O. (No. 2), 1956, for “in the State of Madras or in the State of Andhra”. The words in italics were ins. by the 

Andhra (Adaptation of Laws on Union Subjects) Order, 1954 (w.e.f. 1-10-1953). 

20 

 
                                                      
 
reception or relief of seamen requiring medical aid, such further port-dues not exceeding one anna per ton 
as the 1[Central Government] thinks fit. 

(2) Such port-dues shall be called hospital port-dues, and the  1[Central Government] shall, in 
making any order under sub-section (1), have regard to any contributions made under section 36, 
sub-section (5), clause (d). 

(3) An order imposing or increasing hospital port-dues shall not take effect till the expiration of sixty 

days from the day on which the order was published in the Official Gazette. 

(4)  Whenever  the  1[Central  Government]  is  satisfied  that  proper  provision  has  been  made 
by the owners or agents of any class of vessels for giving medical aid to the seamen employed 
on board such class of vessels, or that such provision is unnecessary in the case of any class of 
vessels,  it  may,  by  notification  in  the  Official  Gazette,  exempt  such  class  of  vessels  fro m  any 
payment under this section. 

50. Application and account of hospital port-dues.—(1) Hospital port-dues shall be applied, 
as  the  1[Central  Government]  may  direct,  to  the  support  of  any  such  hospital  or  dispensary  as 
aforesaid, or otherwise for providing sanitary superintendence and medical aid for the shipping in 
the  port  in  which  they  are  levied  and  for  the  seamen  belonging  to  the  vessels  therein,  whether 
such seamen arc ashore or afloat. 

(2) The  1[Central Government] shall publish annually in  the Official Gazette, as soon after the first 
day of April as may be, an account, for the past financial year, of the sums received as hospital port-dues 
at each port where such dues arc payable, and of the expenditure charged against those receipts. 

(3)  Such  account  shall  be  published  as  a  supplement  to  the  abstract  published  under  section  36,            

sub-section (2). 

CHAPTER VI  
HOISTING SIGNALS 

51.  Master  to  hoist  number  of  vessel.—(1)  The  master  of  every  inward  or  outward  bound 
vessel, on arriving within signal distance of any signal-station established within the limits of the 
river Hooghly, or within the limits of any part of a river or channel leading to a port subject to this 
Act, shall, on the requisition of the pilot in charge of the vessel, sig nify the name of the vessel by 
hoisting the number by which she is known, or by adopting such other means to this end as may be 
practicable and usual, and shall keep the signal flying until it is answered from the signal -station. 

(2)  If  the  master  of  a  vessel  arriving  as  aforesaid  offends  against  sub-section  (1),  he  shall  be 

punishable for every such offence with fine which may extend to one thousand rupees. 

52. Pilot to require master to hoist number.—(1) Every pilot in charge of a vessel shall require the 

number of the vessel to be duly signalled as provided by the last foregoing section. 

(2)  When,  on  such  requisition  from  the  pilot,  the  master  refuses  to  hoist  the  number  of  a 
vessel,  or  to  adopt  such  other  means  of  making  her  name  known  as  may  be  pract icable  and 
usual, the pilot may, on arrival at the first place of safe anchorage, anchor the vessel and refuse 
to proceed on his course until the requisition has been complied with.  

53. Penalty  on  pilot  disobeying  provisions of this  Chapter.—Any pilot incharge of a vessel 
who disobeys, or abets disobedience to, any of the provisions of this Chapter, shall be punishable 
with  fine  which  may  extend  to  five  hundred  rupees  for  each  instance  of  such  disobedience  or 
abetment, and, in addition, shall be liable to have his authority to act as a pilot withdrawn. 

CHAPTER VII 

PROVISION WITH RESPECT TO PENALTIES 

54.  Penalty  for  disobedience  to  rules  and  orders  of  the  Government.—If  any  person 
disobeys  any  rule  or  order  which  a  1[Government]  has  made  in  pursuance  of  this  Act  and  for  the 

1. Subs. by the A.O. 1937, for “Local Government”. 

21 

 
                                                      
punishment  of  disobedience  to  which  express  provision  has  not  been  made  elsewhere  in  this  Act, 
he shall be punishable for every such offence with fine which may extend to one hundred rupees. 

55. Offences how triable, and penalties how recovered.—All offences against this Act shall 
be triable by a Magistrate, and any Magistrate may, by warrant under his hand, cause the amount 
of any fine imposed upon the owner or master of any vessel, for any offence  committed on board 
of the vessel or in the management thereof or otherwise in relation thereto, whereof the owner or 
master  is  convicted,  to  be  levied  by  distress  and  sale  of  the  vessel,  and  the  tackle,  apparel  and 
furniture thereof, or so much thereof as is necessary. 

56.  Costs  of  conviction.—(1)  In  case  of  any  conviction  under  this  Act,  the  convicting 
Magistrate  may  order  the  offender  to  pay  the  costs  of  the  conviction  in  addition  to  any  fine  or 
expenses to which he may be liable. 

(2)  Such  costs  may  be  assessed  by  the  Magistrate  and  may  be  recovered  in  the  same 

manner as any fine under this Act. 

57.  Ascertainment  and  recovery  of  expenses  and  damages  payable  under this  Act.—(1) If  any 
dispute  arises  as  to  the  sum  to  be  paid  in  any  case  as  expenses  or  damages  under  this  Act,  it  shall  be 
determined  by  a  Magistrate  upon  application  made  to  him  for  that  purpose  by  either  of  the  disputing 
parties. 

(2) Whenever any person is liable to pay any sum, not exceeding one thousand rupees, as expenses or 
damages under this Act, any Magistrate, upon application made to him by the authority to whom the sum 
is payable, may, in addition to or instead of any other means for enforcing payment, recover the sum as if 
it were a fine. 

58.  Cost  of  distress.—Whenever  any fine, expenses or damages is or are levied under this Act, by 
distress  and  sale,  the  cost  of  the  distress  and  sale  may  be  levied  in  addition  to  such  fine,  expenses  or 
damages, and in the same manner. 

59.  Magistrate  to  determine  the  amount  to  be  levied  in  case  of  dispute.—If  any  dispute 
arises concerning the amount leviable by any distress or arrest under this Act or .the costs payable 
under  the  last  foregoing  section,  the  person  making  the  distress  or  using  the  arrest  may  detain  the 
goods  distrained  or  arrested,  or  the  proceeds  of  the  sale  thereof,  until  the  amount  to  be  levied  has 
been  determined  by  a  Magistrate,  who,  upon  application  made  to  him  for  that  purpose,  may 
determine the amount, and award such costs to be paid by either of the parties to the other of them 
as he thinks reasonable, and payment of such costs, if not paid on demand,  shall be enforced as if 
they were a fine. 

60.  Jurisdiction  over  offences  beyond  local  limits  of  jurisdiction.—(1)  Any  person  offending 
against  the provisions  of this  Act  in  any  port  subject  to  this  Act  shall be punishable  by  any  Magistrate 
having jurisdiction over any district .or place adjoining the port. 

(2) Such Magistrate may exercise all the powers of a Magistrate under this Act, in the same manner 
and to the same extent as if the offence had been committed locally within the limits of his jurisdiction, 
notwithstanding that the offence may not have been committed locally  within such limits, and, in case 
any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all 
purposes, to have been committed locally within the limits of his jurisdiction. 

61.  Conviction  to  be  quashed  on  merits  only.—(1)  No  conviction,  order  or  judgment  of  any 
Magistrate under this Act shall be quashed for error of form or procedure, but only on the merits, and it 
shall not be necessary to state, on the face of the conviction, order or judgment, the evidence on which it 
proceeds. 

(2)  If  no  jurisdiction  appears  on  the  face  of  the  conviction,  order  or  judgment,  but  the  depositions 
taken  supply  that  defect,  the  conviction,  order  or  judgment  shall  be  aided  by  what  so  appears  in  the 
depositions. 

22 

 
 
 
CHAPTER VIII 
SUPPLEMENTAL PROVISIONS 

62. Hoisting unlawful colours in port.—(1) If any vessel belonging to 1[any citizen of India or 
commonwealth citizen]  or  sailing under 2[Indian  or British colours],  hoists,  carries or  wears,  within 
the limits of any port subject to this Act, any flag, jack, pennant or colours, the use whereof on board 
such  vessel  has  been  prohibited  by  the  Merchant  Shipping  Act,  1894  (57  &  58  Viet.,  c.  60)  or  any 
other  Statute  now  or  hereafter  to  be  in  force,  or  by  any  proclamation  made  or  to  be  made  in 
pursuance of any such Statute, or by any of 3[the regulations] in force for the time being, the master 
of the vessel shall, for every such offence, be punishable with fine .which may extend to fifty rupees.  

(2) Such fine shall be in addition to any other penalty recoverable in respect of such an offence. 
(3) The conservator  of the  port, or  any  officer  of 4[the  Indian  Navy],  may  enter  on  board  any  such 
vessel and seize and take away any flag, jack, pennant or colours so unlawfully hoisted, carried or worn 
on board the same. 

63. Foreign deserters.—Any Magistrate, upon an application being made to him by the Consul 
of any foreign Power to which section 238 of the Merchant Shipping Act, 1894 (57 & 58 Vict., c. 
60) has, by an Order in Council 5[or order], been, or shall hereafter be, declared to be applicable, or 
by the representative of such Consul, and upon complaint on oath of the desertion of any seaman. 
not being a slave, from any vessel of such Foreign Power, may, until a revocation of such order in 
Council  5[or  order]  has  been publicly notified, issue his  warrant for the  apprehension  of any such 
deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel 
to which he belongs or, at the instance of the Consul, to be detained in custody until the vessel is 
ready to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month:  

Provided  that  a  deposit  be  first  made  of  such  sum  as  the  Magistrate  deems  necessary  for  the 
subsistence  of  the  deserter  during  the  detention  and  that  the  detention  of  the  deserter  shall  not  be 
continued beyond twelve weeks. 

64. Application of sections 10 and 21.—(1) The provisions of sections 10 and 21 shall be applicable 
to all ports heretofore or hereafter declared by the 6[Government] to be ports for the shipment and landing 
of goods but not otherwise subject to this Act, and may be enforced by any Magistrate to whose ordinary 
jurisdiction any such port is subject. 

(2) Any penalties imposed by him, and any expenses incurred by his order, under the said provisions, 

shall be recoverable respectively in the manner provided in sections 55 and 57. 

(3)  In  any  of  the  said  ports  for  the  shipment  and  landing  of  goods  the  consent  referred  to  in            

section 21, sub-section (4), may be given by the principal officer of customs at such port or by any other 
officer appointed in that behalf by the 6[Government]. 

65.  Grant  of  sites  for  sailors’  institutes.—Any  local  authority  in  which  any  immovable 
property  in  or  near  a  port  is  vested  may,  7[with  the  previous  sanction,  in  the  case  of  cantonment 
authority or the port authority of a major port, of the Central Government, and in other cases, of the 
State Government], appropriate and either retain and apply, or transfer by way of gift or otherwise, 
the whole or any part of the property as a site for, or for use as, a sailors ’ home or other institution 
for the health, recreation and temporal well-being of sailors. 

1. Subs. by the A.O. 1950, for “any of His Majesty ’s subjects”. 
2. Subs., ibid., for “British colors”. 
3. Subs., ibid., for “His Majesty’s regulations”. 
4. Subs. by the A.O. 1950, for “His Majesty’s Navy or the Royal Indian Navy”. 
5. Ins., ibid. 
6. Subs. by the A.O. 1937, for “Local Government”. 
7. Subs., ibid., for “with the previous sanction of the Local Government”. 

23 

 
                                                      
 
66. Exercise of powers of conservator by his assistants.—(1) All acts, orders or directions by 
this  Act  authorized  to  be  done  or  given  by  any  conservator  may,  subject  to  his  control,  be  done  or 
given by any harbour-master, or any deputy- or assistant of such conservator or harbour-master. 

(2)  Any  person  authorised  by  this  Act  to  do  any  act  may  call  to  his  aid  such  assistance  as  may  be 

necessary. 

67. Service of written notices of directions.—Any written notice of direction given under this Act, 
left for the master of any vessel with any person employed on board thereof, or affixed on a conspicuous 
place  on  board  of  the  vessel,  shall,  for  the  purposes  of  this  Act,  be  deemed  to  have  been  given  to  the 
master thereof. 

68.  Publication  of  orders  of  Government.—Every  declaration, order and rule of a 1[Government] 
made in pursuance of this Act shall be published in the Official Gazette, and a copy thereof shall be kept 
in the office of the conservator and at the custom-house, if any, of every port to which the  declaration, 
order  or  rule  relates,  and  shall  there  be  open  at  all  reasonable  times  to  the  inspection  of  any  person 
without payment of any fee. 

2 [68A.  Authorities  exercising  jurisdiction  in  ports  to  co -operate  in  manoeuvers  for 
defence  of  port.—Every  authority  exercising  any  powers  or  jurisdiction  in.  or  relating  to,  any 
port to which this Act for the time being applies shall, if so required by an officer authori sed by 
general or special order of the Central Government in this behalf, co -operate in such manner, as 
such  officer  may  direct,  in  carrying  out  any  manoeuvers  in  connection  with  any  scheme  or 
preparations  for  the  defence  of  the  said  port  in  time  of  war,  and  for  this  purpose  shall,  if  so 
required, temporarily place at the disposal of such officer the  services of any of its staff and the 
use of any of its vessels, property, equipment or other material:  

Provided,  firstly,  that  if  any  vessels  arc  placed  at  the  disposal  of  such  officer  in  accordance 
with this section, the Central Government shall, in respect of the period during which they are so 
at  his  disposal,  bear  the  running  expenses  of  such  vessels,  and  be  responsible  for  any  damage 
thereto. 

Explanation.—The expression ‘running expenses’ in this proviso includes all outlay incurred 
in connection with the use of the vessels other than any charges for their hire, or for the wages 
of the officers and crews of such vessels: 

Provided,  secondly,  that  any  officer  making  a  requisition  under  this  section  shall  exercise 
his powers in such a way as to cause as little disturbance to the ordinary business of the port as 
is compatible with the exigencies of the efficient carrying out of the manoeuvers:  

Provided, thirdly, that no  suit or  other legal  proceeding shall lie against  any authority for 

any default occurring by reason only of compliance with a requisition under this section.  

68B.  Duties  of  the  said  authorities  in  an  emergency.—Whenever  the Central Government 
is of opinion that an emergency has arisen which renders it necessary that the duties imposed for 
the  purposes  specified  in  section  68A  on  the  authorities  therein  mentioned,  or  other  duties  of  a 
like nature, should be imposed on such  authorities  continuously  during  the  existence  of  the 
emergency,  it  may,  by  general  or  special  order,  authorise  any  officer  to  require  the.  said 
authorities  to  perform  such  duties  until  the  Central  Government  is  of  opinion  that  the 
emergency has passed, and the said authority shall comply accordingly, and the provisions of 
the said section shall apply subject to the following modification, namely:  — 

The  Central  Government  shall  pay  any  authority,  on  whom  a  requisition  has  been  made, 
such  compensation  for  any  loss  or  damage  attributable  to  such  requisition,  and  for  any 
services rendered or expenditure incurred in complying therewith as, in default of agreement, 
shall be decided to be just and reasonable, having regar d to the circumstances of the case, by 
the arbitration of a person to be nominated in this behalf by the Central Government, and the 
decision of such person shall be final.] 

1. Subs. by the A.O. 1937, for “Local Government”.  
2. Ins. by Act 6 of 1916, s. 11. 

24 

 
                                                      
1[68C.  Application  of  certain  provisions  of  the  Act  to  aircraft.—(1)  The  provisions  of 
sections 6, 13 to 16 (both inclusive), 18, 21 and 28, sub-section (2) of section 31 and sections 33, 
34, 35, 39, 42 to 48 (both inclusive) and 55 shall apply in relation to all aircraft making use of any 
port subject to this Act, while on water as they apply in relation to vessels.  

(2)  No  such  aircraft  shall  enter  or  leave  any  port  subject  to  this  Act,  except  with  the 
permission  granted  by  the  Conservator  of  the  Port  or  by  such  other  officer  as  may  be 
authorized in this behalf by the Conservator.]  

2[68D. Maritime security.—A port facility in India shall comply with all the requirements 
contained  in  Chapter  IXB  of  the  Merchant  Shipping  Act,  1958  (44  of  1958)  or  the  rules  made 
thereunder so far as they are not inconsistent with the provisions of this Act.  

Explanation.— For the purposes of this section, the expression “port facility” shall have the 

same meaning as assigned to it in Part IXB of t he Merchant Shipping Act, 1958 (44 of 1958).] 

69. [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch. 

1. Ins. by Act 35 of 1951, s. 192. 
2. Ins. by Act 40 of 2007, s. 7. 

25 

 
                                                      
1THE FIRST SCHEDULE 

(See sections 1 and 33) 

Ports, vessels chargeable, rate of port -dues and frequency of payment  
2[PART I—MAJOR PORTS 

Name of Port 

Vessels Chargeable 

(1) 
3[Syama Prasad 
Mookerjee Port, 
Kolkata] 
Paradip 
Visakhapatnam 

(2) 
4
* 

4

4

* 
* 

Rate of port dues 
per ton 
(3) 
* 

Due how often chargeable 
in respect of same vessel 
(4) 
* 

* 

* 

* 

* 

Explanation:— “Outer Harbour” means the portion of the Visakhapatnam Port limits     with the 

following coordinates; namely:—  

WEST  :  A  line  drawn  towards  North  along  the  Eastern  boundary  of  S.  No.  9  of  Dolphin’s  Nose 
Village from the junction point of S. Nos. 3, 4, 9 and 10 i.e., at the point Lat. 17° 41' 11 ”.3 
N  and  Long.  83°  17'  35”  E  across  the  channel  till  it  touches  Muncipal  boundary,  in  T.  No. 
469 i.e, at the point Lat. 17° 41' 17”.3 N and Long. 83° 17' 35”.2E and thence towards North 
along  the  field  boundary  of  S.  Nos.  10  and  12  of  Dolphin’s  Nose  Village  up  to  the  South 
Eastern  point  of  T.S.  303  of  Fort  Ward.  Visakhapatnam  Town  thence  towards  North  East, 
along eastern edge of the beach road till coinciding with the Western end of Groyne No. 2 at 
the point Lat. 17° 41' 47” N Long. 83° 18' 03” .4E. 

NORTH  :  From  the  point  of  Lat.  17°  41'  47”  N.  and  Long.  83°  18'  03”  .4E  towards  East  along  the 
centre  line  of  Groyne  No.  2  till  coinciding  with  East  break  water  at  Lat.  17°  41'  32 ”  .6N. 
Long 83° 18' 29” .8E. 

EAST  :        A  line  drawn  towards  South  from  the  point  of  Lat.  17°  41'  32 ”  .6N  Long.  83°  18'  29”  .8E 
till  the  point coinciding with  East break  water South  and at  Lat. 17° 41'  14”  .93 N.  Long. 
83° 18' 29” .3E thence a line drawn towards South East till the point coinciding with East 
end of South break water at Lat. 17° 41' 01” .43 N. Long. 83° 18' 49” .12E. 

SOUTH  :    A  line  drawn  towards  West  South  West  direction  from  the  point  with  Lat.  17°  41'  01” 
.43N  Long  83°  18'  49”  .12E  till  the  point  coinciding  with  Eastern  boundary  of  S.  No.  I  I 
of  Dolphin's  Nose  Village  at  the  point  Lat.  17°  40'  36 ”  .7N  Long  83°  17'  49”  .8E  and 
thence towards North along Eastern boundary S. No. 11 of Dolphin's Nose Village till the 
point  of  interception  of  S.  Nu.  10  of  Dolphins's  Nose  Village  between  F.  Lines  109  and 
71  and  towards  West  to  meet  junction  point  of  S.  Nos.  3.  4.  9,  10  of   Dolphin's  Nose 
Village i.e., at the point Lat. 17° 41' 11” .3N and Long. 83° 17' 35” E approximately. 

1.  This  Schedule  is  liable  to  variation  by  notifications  of  State  Governments,  and  for  any  change  thereof 

notifications of the States concerned should be consulted.  

2.  Subs.  by  notification  No.  G.S.R.  257(E),  dated  1 -5-1978,  Gazette  of  India,  Pt.  II,  s.  3(i),  p.  398,  for  the 

heading and the major ports of Calcutta and  Paradip and the entries relating thereto.  

3. Subs. by notification No. S.O. 2020(E), for the entry “Calcutta” (dated 24-6-2020). 
4. Entries under cols. ( 2), (3) and (4) omitted by  Act 15 of 1997. s. 9 (w.e. f. 9 -1-1997). 

26 

 
 
 
 
 
 
 
 
 
 
                                                      
 
(1) 
Madras 
New Tuticorn 
Cochin 
New Mangalore 
Mormugao 
Bombay 
Kandla 

(2) 
1* 
1* 
1* 
1* 
1* 
1* 
1* 

(3) 
* 
* 
* 
* 
* 
* 
* 

(4) 
* 
* 
* 
* 
* 
* 
* 

PART II.—RESERVED FOR PORTS IN WEST BENGAL, IF ANY  
2[PART III.—PORTS UNDER THE CONTROL OF GOVERNMENT OF ORISSA 

Name of port 

Vessels chargeable 

Rate of port dues 

(1) 

1. Chandbali 
   (Dhamra) 

(2) 
Sea-going  vessels  of  ten  tonnes 
and  upwards 
fishing 
boats). 

(except 

(3) 
Not  exceeding  rupee 
one  and  fifty  paise 
per tonne. 

Due how often chargeable in 
respect of the same vessel 
(4) 

Once in the same month. 

(Tug-boats,  ferry-boats  and  river 
boats, whether propelled by steam 
or other mechanical means). 

Ditto. 

2. Gopalpur 

Sea-going  vessels  of  ten  tonnes 
and  upwards 
fishing 
boats). 

(except 

Not exceeding rupee 
one and fifty paisa 
per tonne. 

(Tug-boats,  ferry-boats  and  river 
boats, whether propelled by steam 
or other mechanical means). 

Ditto. 

the 

between 

1st 
Once 
January  and  the  30th  June, 
and  once  between  the  1st 
july  and  31st  December,  in 
each year. 
Once in the same month. 

the 

between 

Once 
1st 
January  and  the  30th  June, 
and  once  between  the  1st 
july  and  31st  December,  in 
each year 

3[PART IV.—PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH 

Name of  the Port District 

Vessels 
Chargeable 

Rate of port dues 
Class of vessels 

Rate 

(1) 

(2) 

(3) 

Calingapatnam 
(Srikakulam) 

(Visakhapatnam) 

(1) Foreign 

ship  or  

steamer calling at any port. 

(4) 
Fifteen paise cubic 
metre. 

Due how often 
chargeable in 
respect of the 
same vessel 
(5) 

Payable on each 
entry into the port. 

Bheemunipatnam Kakinada (East 
Godavari) Narsapur (WestGodavari) 
Machilipatnam  (Krishna) 

Sea-going vessels 
of 42-45 cubic 
metres (15 tons) 
and upwards. 

ship 

Foreign 

(2) 
or  
steamer  (referred  to  in  item  1 
above)  calling  at  any  port  for 
more  than  once  in  the  same 
voyage. 

Twenty-five paise 
per cubic metre. 

Payable once for 
one voyage. 

1. Entries under cols. (2), (3) and (4) omitted by Act 15 of 1997, s. 9 (w.e.f. 9.1.1997). 
2. Added by notification No. 1317-PD, dated 29-04-1978, Gazette of Orissa. 
3. Added by notification No. G.O. Ms. 253, dated 28-4-1978, Gazette of Andhra Pradesh. 

27 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
PART IV.— PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH—CONTD. 

(1) 

Vadarevu  
(Prakasam) 
Krishnapatnam 
(Nellore) 

(2) 
Sea-going vessels of 42-
45 cubic metres (15 
tons) and upwards.— 
contd. 

(3) 

(3)  Coasting ship calling at 
any port 

(4) 
Thirteen paise per 
cubic metre. 

(4) Coasting steamer calling at 
any port 

Fifteen paise per 
cubic metre. 

(5) 

The payment of the 
dues at the port will 
exempt the ship for a 
period of 60 days from 
liability to pay the dues 
again at that port. 
The payment of the 
dues at the port will 
exempt the steamer for 
a period of 30 days 
from liability to pay the 
dues again at that port.] 

1[PART V—PORTS UNDER THE CONTROL OF THE GOVERNMENT OF TAMIL NADU 

Name of  the Port 

District 

Vessels Chargeable 

Rate of port dues, 
Class of vessels 

(1) 
(1) Cuddalore 
(2) Nagapattinam 

(2) 

South Arcot 
Thanjavur 

(3) 
Sea going vessels of 40 
cubic metres and 
upwards. 

(4) 

(1) Foreign ship or 
steamer calling at any 
port not exceeding 10 
paisa per cubic metre. 

(3) Pamban 
(4) Rameswaram 
(3) Kilakarai 

Ramnathapuram 

(6) Veppalodai 
(7) Colachel 
(8) Kanyakumari 

Tirunelveli 
Kanyakumari 

(2) Foreign ship or 
steamer calling at more 
than one port not 
exceeding 15 paisa per 
cubic metre. 
(3) Coasting ship 
calling at any port not 
exceeding 5 paisa per 
cubic metre. 

(4)  Coasting steamer 
calling at any port not 
exceeding 10 paisa per 
cubic metre. 

Due how often 
chargeable in 
respect of the same 
vessel 
(5) 

Payable on each entry 
into the port except in 
the case of straits 
steamer which shall not 
be charged more than 
once in a voyage. 
Payable once for the 
voyage. 

The payment of dues at 
the port will exempt the 
ship for a period of 60 
days from liability to 
pay the dues again at 
that port. 
The payment of dues at 
the port will exempt the 
steamer for a period of 
30 (thirty) days from 
liability to pay the dues 
again at that port.] 

1. Added by notification No. 11(2)/TRA/1914(c)/78, dated 1-5-1978, Gazette of Tamil Nadu. 

28 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
1[PART VI.—PORTS UNDER THE CONTROL OF GOVERNMENT OF PONDICIHERRY.  
(See SECTIONS 1 AND 33) 

Name of Port 

Vessels chargeable 

Rate of port dues 

(1) 
Pondicherry 

(2) 
Sea-going vessels of 40 
cubic metres and 
upwards. 

(3) 
(a) Foreign going ship 
or sailing vessel 
calling at this port at 
15 paise per cubic 
metre. 

(b) Coasting ships 

calling at this port at 
15 paise per cubic 
metre. 

(c)  Coasting 

sailing 
vessel calling at this 
port  at  5  paise  per 
cubic metre. 

Dues how often 
chargeable in 
respect of same 
vessel 

(4) 

(a) Payable one each 
entry Into the port. 

(b)  The  payment  of 
port 
dues  will 
exempt  the  ship  for 
a  period  of  sixty 
days  from  liability 
to  pay 
the  dues 
again at that port. 

Do. 

(1) The levy of port dues in accordance with the Schedule referred to in clause (1) shall be subject to 

the following conditions, namely:— 

(a) that with effect on an from the 1st July, 1978, the rates of port dues to be levied on 
vessels  specified  in  column  (2)  of  the  said  Schedule,  entering  the  Port  in  the  Union 
Territory of Pondicherry shall be those laid down in column (3) of the said Schedule; 

(b) that such dues shall be levied subject to the conditions mentioned in column (4) of the said 

schedule; 

(c)  that  the  rates  of  port  dues  chargeable  on  any  one  vessel  entering  the  port  in  ballast 

and not carrying passengers shall be 3/4th of the rates laid down in the schedule;  

(d)  that  when  a  vessel  enters  the  port  but  does  not  discharge  or  tak e  any  cargo  or 
passengers  therein  (with  the  exception  of  such  un shipment  or  reshipment  as  may  be 
necessary  for  purposes  of  repair),  she  shall  be  charged  with  port  dues  at  half  the  rates 
specified in the schedule; and 

(e) that no port dues shall be levied o n—  

(i) any pleasure yacht, or 

(ii) any vessel which, having letter any port, is compelled to re-enter it by stress of 

weather, or in consequence of having sustained any damage, or  

(iii)  any  vessel  which,  having  entered  any  port,  leaves  it  within  forty-eight  hours  without 

discharging or taking in any passengers or cargo. 

(2)  For  the  purpose  of  this  notification  the  terms  “foreign  going  ship”,  “coasting  ship”,  “sailing 
vessel” and “ship” shall have the same meaning as found in the Merchant Shipping Act, 1958 (Act No. 
XLIV of 1958).] 

1. Ins. by Notification No. G.O. Ms. 70/78, dated 1 -5-1978, Gazette of Pondicherry.  

29 

 
 
 
 
 
                                                      
1[PART VII.— PORTS UNDER THE CONTROL OF GOVERNMENT OF KERALA 

Name of Port 

Vessels 
chargeable 

Rate of port dues 

District 

Ports 

Class of vessel 

Rate of port 
dues 

(1) 

(2) 

(3) 

(4) 

(5) 

Trivandrum 

1.  Kovalam- 
Vizhinjam 
2. Trivandrum  

Quilon 

Allepey 

3. Quilon 
4. Neendakar 
5.Allepey 

All sea-going 
vessels of 40 
cubic metres and 
upwards. 

(other than 
fishing vessels) 

(a) Foreign ship 
or steamer or 
coastal steamer 
calling at any 
port. 
(b) Coastal ship 

Not exceeding 
Rs. 1.50 per ton. 

Not exceeding 50 
paise per ton. 

Trichrur 
Ernakulam 
Malappuram 
Kazikode 

Cannanore 

6. Azikode 

7. Ponnami 
8. Calicut 

(including 
Beypore) 
9. Badagara 
10. Telicherry 
11. Cannanore 
12. Azhikkal 
13. kasaragode 

Dues how often 
chargeable in 
respect of the 
same vessel 

(6) 

The  payment  of  the 
dues on entry at any 
minor port of Kerala 
will exempt 

for 

ships 

steamers 
a 
period  of  30  days 
and 
for  a 
period  of  60  days 
from  payment  of 
port  dues  again  at 
that port. 

Notes:  (1) In assessing the Port dues the date on which a vessel anchored shall be the date from which 

dues shall be calculated. 

(2) In the case of vessels the certificate of registry of which shows her tonnage in the British 
standard  tons  only,  a  factor  of  2.83  cubic  metres  will  be  the  equivalent  to  one  ton  for 
purpose of levy of Port dues specified in column 3 and on conversion of such tons into cubic 
metres any fraction less than half will be omitted and half and above rounded to the nearest 
cubic metres. 

Explanation.—In this schedule—  

(a) “ship” means a vessel propelled solely by wind-power. 

(b) “Steamer” means any vessel other than a ship. 

(c) “Coasting ship”. or “Coasting steamer” means respectively a ship or steamer which at 
any Port discharges cargo exclusively from or takes in cargo exclusively for any ports in India 
or in Burma or in the Island of Ceylon and “Coasting Steamer” includes a coasting steam vessel 
having a general pass under section 164 of the Sea Customs Act, 1878. 

(d) “Foreign ship” or “Foreign Steamer” means respectively a ship or a steamer not being a 

coasting ship or coasting steamer.)] 

1. Added by Notification No. S.R.O. 373/78, dated 26-4-1978, Gazette of Kerala. 

30 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
1[PART-VIII.—PORTS UNDER THE CONTROL OF GOVERNMENT OF KARNATAKA 

Name of Ports 

Vessels chargeable 

Rate of Port dues 

(1) 
1. Mangalore 

(2) 

Sea-going vessels 
of 15 cubic metres 
and upwards. 

(3) 

(a) Foreign ship or 
steamer calling 
at the port. 
(b) Coasting ship 
calling at the 
port. 

Not 
exceeding 
thirty  paise  per 
cubic metre. 
Not 
exceeding 
thirty  paise  per 
cubic metre. 

(c) Coasting 

steamer calling 
at the port. 

Not 
exceeding 
thirty  paise  per 
cubic metre. 

2. Malpe 
3. Mangarkatta 
4. Coondapur 

Sea-going vessels 
of 15 cubic metres 
and upwards. 

(a)  Foreign  ship  or 
steamer  calling 
at the port. 

Not 
exceeding 
thirty  paise  per 
cubic metre. 

Dues  how  often  chargeable  in 
respect of the same vessel 

(4) 
Payable on each entry into 
the Port. 

The  payment  of  the  dues 
will  exempt  the  ship  for  a 
period  of  sixty  days  from 
liability  to  pay  the  dues 
again at the port. 
The  payment  of  the  dues 
will  exempt  the  steamer  for 
a  period  of  30  days  from 
liability  to  pay  the  dues 
again at the port. 
Payable  on  each  entry  into 
the Port. 

(b)  Foreign  ship  or 
steamer  calling 
at  more 
than 
one port. 

Not 
exceeding 
forty five paise per 
cubic metre. 

Payable 
voyage. 

once 

for 

the 

Sea-going vessels 
of 15 cubic metres 
and upwards. 

(c)  Coasting  ships 
calling  at  any 
Port. 

exceeding 
Not 
twenty  paise  per 
cubic metre. 

The  payment  of  the  dues 
will  exempt  the  ship  for  a 
period  of  sixty  days  from 
liability  to  pay  the  dues 
again at the port. 

(d) 

Coasting 

steamers 
calling  at  the 
Port. 

Not 
exceeding 
twenty  four  paise 
per cubic metre. 

The  payment  of  the  dues 
will  exempt  the  steamer  for 
a  period  of  30  days  from 
liability  to  pay  the  dues 
again at the port. 

5. Baindur 

6. Bhatkal 
7. Shirali 
8. Murdeshwar 
9. Honavar/Manki 
10. Tadri/Gangavali 
11. Belekeri/Ankola 

12. Chendia 
13. Binaga 
14. Karwar 
15. Majali 

Explanation 1.— 

(a) Ship” means a vessel propelled with sufficient sail area for navigation under sail alone whether or 

not fitted with mechanical means of the propulsion and includes a rowing boat or canoe. 

(b) “Steamer” means any vessel other than a ship.  

1. Ins. by notification No. PWD 42 PSP 77, dated 29-4-1978, Gazette of Karnataka (Extraordinary), Part IV-2 c(ii). 

31 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
(c)  “Coasting  ship”  or  “coasting  steamer”  means  respectively  a  ship  or  steamer  which  at  any  port 

discharges cargo exclusively from or takes in cargo exclusively for any Port in India. 

Provided for the purpose of levy of port dues vessel shall not be deemed during one and the same voyage 
to  be  both  coasting  ship  or  steamer  and  a  Foregin  ship  or  steamer  but  port  dues  shall,  in  respect  of  such 
voyage,  be  leviable  on  such  vessels  either  as  a  coasting  or  as  a  foreign  ship  or  steamer,  whichever  rate  is 
higher. 

Explanation 2.— 

Ports enclosed in double brackets in the second column of the schedule shall be treated as if they are only 
one port every vessel in respect of which such dues have been charged and taken at one of the bracketed ports 
being  exempted  from  the  payment  of  port  dues  on  entering  another  port  within  the  period  specified  in  the 
fourth column of the schedule. 

1[PART IX.—PORTS UNDER THE CONTROL OF GOVERNMENT OF GOA, DAMAN AND DIU 

Name of the Port 

Vessels 

Rate of port dues 

(1) 

1. Diu 

tons 

(2) 
(a)  Sea-going  vessels 
and 
of 
ten 
upwards 
(except 
fishing boats). 
(b) Inland 
mechanically 
propelled vessels. 

2. Simbor 

(a)  Sea-going  vessels 

of ten tons 

(b) Inland 
mechanically 
propelled vessels. 

3. Daman 

(a)  Sea-going  vessels 
of  ten  tons  and 
upwards 
(except 
fishing boats) 

(3) 
Not exceeding Rupee 
one and paise fifty per 
ton. 

-do- 

-do- 

-do- 

-do- 

(b) Inland mechanically 
propelled vessles. 

-do- 

1. Ins. by notification No. 1/605/78/IPD, dated 1-5-1978, Gazette of Goa, Daman Diu. 

32 

Dues how often 
chargeable in respect of 
same vessel 
(4) 
Once in the same month. 

1st 
between 
Once 
January  &  31st  March, 
once between 1st April & 
30th  June,  once  between 
30th 
July  & 
1st 
September  & 
once 
between 1st October. 
Once in the same month. 

Once 
1st 
between 
January  &  31st  March, 
once between 1st April & 
30th  June,  once  between 
30th 
1st 
July  & 
September  & 
once 
between 1st October. 
1st 
between 
Once 
January  &  31st  March, 
once between 1st April & 
30th  June,  once  between 
30th 
July  & 
1st 
September  & 
once 
between 1st October. 
Once in the same month. 

 
 
 
 
 
                                                      
(1) 

(2) 

4. Tiracol 

5. Chapora 

6. Panaji 

7. Talpona 

(a)  Sea-going  vessels 
and 
of 
ten 
upwards 
(except 
fishing boats) 

tons 

(b) Inland 
mechanically 
propelled vessles. 

(a)  Sea-going  vessels 
and 
of 
ten 
(except 
upwards 
fishing boats) 

tons 

(b) Inland 
mechanically 
propelled vessles. 

(a) Sea-going vessels 
of ten tons and 
upwards (except 
fishing boats) 

(b) Inland 
mechanically 
propelled vessles. 

(a) Sea-going vessels 
of ten tons and 
upwards (except 
fishing boats) 

(b) Inland 
mechanically 
propelled vessles. 

(3) 

-do- 

(4) 

31st  March, 

Once  between  1st  January 
& 
once 
between  1st  April  &  30th 
June, once between 1st July 
&  30th  September  &  once 
between 1st October. 

-do- 

Once in the same month. 

-do- 

31st  March, 

Once  between  1st  January 
& 
once 
between  1st  April  &  30th 
June, once between 1st July 
&  30th  September  &  once 
between 1st October. 

-do- 

Once in the same month. 

-do- 

31st  March, 

Once  between  1st  January 
& 
once 
between  1st  April  &  30th 
June, once between 1st July 
&  30th  September  &  once 
between 1st October. 

-do- 

Once in the same month. 

-do- 

Once in the same month. 

-do- 

31st  March, 

Once  between  1st  January 
& 
once 
between  1st  April  &  30th 
June, once between 1st July 
&  30th  September  &  once 
between 1st October.] 

33 

 
 
 
 
 
 
 
 
 
1[PART X.—PORTS UNDER THE CONTROL OF GOVERNMENT OF MAHARASHTRA 

Name  of  ports  and 
Group  within  which 
they fail 

(1) 

1. Dhanu. 

2. Tarapur. 

3. Nawapur. 

4. Satpati. 

5. Kelwa Mahim 

(including Kelwa). 

Vessels chargeable 

Rate of port dues 

(2) 
I-BANDRA GROUP OF PORTS 

(3) 

Twenty-five  paise  per 
metric ton. 

(i) Sea-going 

vessels of 5 tons 
and upwards but 
less than 10 tons 
(exceeding 
fishing boats). 

6.  Arnala  (including 

(ii) Sea-going 

Datiware). 

7. Bassein. 

8. Uttan. 

9. Bhivandi. 

10. Manori 

11. Kalyan. 

12. Thane. 

13. Vessava. 

14. Bandra. 

vessels other 
than power, 
driven sea-going 
vessels of 10 
tons and 
upwards 
(exceeding 
fishing boats). 

(iii) Power driven 
sea-going 
vessels of 10 
tons and 
upwards. 

Forty  paise  per  metric 
ton. 

Sixty  paise  per  metric 
ton. 

II—MORA GROUP OF PORTS 

1. Trombay (including 

(i) Sea-going 

Mahul.) 

vessels of 5 tons 
and upwards but 
less than 10 tons 
(exceeding 
fishing boats). 

Twenty-five  paise  per 
metric ton. 

1. Ins. by notification No. IPA 1077/264/36TR, dated 21-31978, Gazette of Maharashtra. 

34 

Dues 
often 
how 
chargeable  in  respect 
of same vessels 

(4) 

that 

Once in thirty days at 
port; 
the 
same 
provided 
no 
coasting 
vessels 
having paid port dues 
at  any  port  shall  be 
chargeable  with  port 
dues  again  at 
the 
same  or  any  other 
same 
port  of 
group within 30 days. 

the 

that 

Once in thirty days at 
port; 
the 
same 
provided 
no 
coasting 
vessels 
having paid port dues 
at  any  port  shall  be 
chargeable  with  port 
dues  again  at 
the 
same  or  any  other 
port  of 
same 
group within 30 days. 

the 

 
 
 
 
 
 
                                                      
(1) 

(2) 

(3) 

(4) 

2.  Panvel  (Ulwa  and 

Belapur).  

3. Mora. 
4. Karanja. 
5. Mandwa. 
6. Thal (Rewas). 

7. Alibag. 
(including Dharamtar). 

(ii) Sea-going vessels 
other than power 
driven sea-going 
vessels of 10 tons 
and upwards 
(exceeding 
fishing boats). 
(iii) Power driven 
sea-going 
vessels of 10 
tons and 
upwards. 

Forty  paise  per  metric 
ton. 

Sixty  paise  per  metric 
ton. 

III—RAJPURI GROUP OF PORTS 

1. Revdanda. 
2. Borli Mandla. 
3. Nandgaon. 
4. Murud (J). 

(i) Sea-going 

vessels of 5 tons 
and upwards but 
less than 10 tons 
(excepting 
fishing boats). 

Twenty-five  paise  per 
metric ton. 

5. Rajpuri. 

6. Bankot. 

1. Kelshi. 
2. Harnai. 
3. Dabhol. 
4. Palshet. 

(ii) Sea-going 

vessels other 
than power 
driven sea-going 
vessels of 10 
tons and 
upwards 
(excepting 
fishing boats). 
(iii) Power driven 
sea-going 
vessels of 10 
tons and 
upwards. 

Forty  paise  per  metric 
ton. 

Sixty  paise  per  metric 
ton. 

IV—RATNAGIRI GROUP OF PORTS 

Twenty-five  paise  per 
metric ton. 

(i) Sea-going 

vessels of 5 tons 
and upwards but 
less than 10 tons 
(excepting 
fishing boats). 

35 

Once  in  thirty  days  at 
the same port; provided 
that no coasting vessels 
having  paid  port  dues 
at  any  port  shall  be 
chargeable  with  port 
dues  again  at  the  same 
or any other port of the 
same  group  within  30 
days. 

coasting 

Once  in  thirty  days  at 
the same port; provided 
that no coasting vessels 
or 
power 
driven  vessels  having 
paid  port  dues  at  any 
be 
port 
chargeable  with  port 
dues  again  at  the  same 
or any other port of the 
same  group  within  30 
days. 

shall 

 
 
 
 
 
 
 
 
 
 
 
 
(1) 

5. Borya. 
6. Jaigad. 
7. Varoda (Tiwari). 

8. Ratnagiri. 
9. Purnagad. 

1. Jaipur. 
2. Vijaydurg. 
3. Deogad. 

(2) 
(i) Sea-going other 
than power 
driven sea-going 
vessels of 10 
tons and 
upwards 
(excepting 
fishing boats). 
(iii) Power driven 
sea-going 
vessels of 10 
tons and 
upwards. 

(3) 
Forty  paise  per  metric 
ton. 

(4) 

Sixty  paise  per  metric 
ton. 

V—VIJAYDURG GROUP OF PORTS 

Twenty-five  paise  per 
metric ton. 

(i) Sea-going vessels 
of 5 tons and 
upwards but less 
than 10 tons 
(excepting 
fishing boats). 

coasting 

Once  in  thirty  days  at 
the same port; provided 
that no coasting vessels 
or 
power 
driven  vessels  having 
paid  port  dues  at  any 
be 
port 
chargeable  with  port 
dues  again  at  the  same 
or any other port of the 
same  group  within  30 
days. 

shall 

4. Achara. 

(ii) Sea-going 

vessels other 
than power 
driven sea-going 
vessels of 10 
tons and 
upwards 
(excepting 
fishing boats). 

(iii) Power driven 
sea-going 
vessels of 10 
tons and 
upwards. 

Forty  paise  per  metric 
ton. 

Sixty  paise  per  metric 
ton. 

VI—VENGURLA GROUP OF PORTS 

1. Malwan 
2. Nivati. 
3. Vengurla. 

(i) Sea-going 

vessels of 5 tons 
and upwards but 
less than 10 tons 
(excepting 
fishing boats), 

Twenty-five  paise  per 
metric ton. 

36 

Once  in  thirty  days  at  the 
same  port;  provided  that 
no  coasting  vessels  or 
coasting  power  driven 
vessels  having  paid  port 
dues  at  any  port  shall    be 
chargeable  with  port  dues 
again  at  the  same  or  any 
other  port  of  the  same 
group within 30 days.] 

 
 
 
 
 
 
 
 
 
 
 
 
 
(1) 

4. Redi. 
5. Kiranpani. 

(2) 

(ii) Sea-going 

vessels other 
than power 
driven sea-going 
vessels of 10 
tons and 
upwards 
(excepting 
fishing boats). 

(iii) Power driven 
sea-going 
vessels of 10 
tons and 
upwards. 

(3) 
Forty  paise  per  metric 
ton. 

(4) 

Sixty  paise  per  metric 
ton. 

1[PART XI.—PORTS UNDER THE CONTROL OF GOVERNMENT OF GUJARAT 

1. Umargaon 
2. Maroli 
3. Kolak 
4. Umarsadi 
5. Valsad 
6. Billimora 
7. Vansi-Borsi 
8. Onjal 
9. Surat (Magdalia) 
10. Bhagva 
11. Bharuch 
12. Dahej 

(1) Foreign Ships 

Re. 1.00 p. per ton. 

Once in 30 days in case 
of each vessel. 

(2) Costing ships 

Re. 0.50 p. per ton. 

(3) Sailing vessels 

Re. 0.35 p. per ton. 

-do- 

-do- 

(4) Tugs, ferry and 
river ships. 

Re. 0.60 p. per ton. 

Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 

13. Khambhat 

(5) Foreign ships 

Re. 1.00 p. per ton. 

-do- 

bringing cargo 
for transhipment 
in daughter 
ships. 

(6) Daughter ships in 
ballast being 
loaded with 
cargo from 
tankers and 
leaving for ports 
other than 
Gujarat State 
ports. 

1. Ins. by Notification No. G/J/16/ IPA/1077/95-M, dated 1-5-1978, Gazette of Gujarat, Extraordinary, Part IV-A. 

37 

 
 
 
 
 
 
 
 
 
 
                                                      
(1) 

(2) 

(3) 

(4) 

II. Bhavnagar Group of Ports: 

1. Bhavnagar 

(1) Foreign Ships 

Re. 1.00 per ton. 

Once in 30 days in case 
of each vessels. 

2. Gogha 

3. Talaja 

(2) Coasting ships 

Re. 0.50 p. per ton. 

-do- 

(3) sailing vessels 

Re. 0.35 p. per ton. 

(4) Tugs, ferry and 
river ships. 

Re. 0.60 p. per ton. 

(5) Foreign ships 

Rs. 2.50 p. per ton. 

Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 
Once in 30 days in case 
of each vessel. 

Re. 1.00 p. per ton. 

-do- 

bringing cargo 
for transhipment 
in daughter 
ships. 

(6) Daughter ships in 
ballast being 
loaded with 
cargo from 
tankers and 
leaving for ports 
other than 
Gujarat State 
ports. 

III. Mahuva Group of Ports: 

1. Mahuva 

2. Pipavav 

Bandar 

3. Jafrabad 

4. Rajpara 

(1) Foreign ships 

Re. 1. 00 p. per ton. 

Once in 30 days in case 
of each vessel. 

-do- 

-do- 

Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 
Once in 30 days in case 
of each vessel. 

(2) Coasting ships 

Re. 0.50 p. per ton. 

(3) Sailing Vessels 

Re. 0.35 p. per ton. 

(4) Tugs, ferry and 
river ships 

Re. 0.60 p. per ton. 

(5) Foreign ships 

Re. 2. 50 p. per ton. 

vringing cargo 
for 
transshipment in 
daughter ships. 

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
(1) 

(2) 

(3) 

Re. 1.00 p. per ton. 

(6) Daughter ships 
in ballast being 
loaded with 
cargo from 
tankers and 
leaving for ports 
other then 
Gujarat State 
ports. 

(4) 

-do- 

IV. Veraval Group of Ports: 

(1) Nawabandar 

(1) Foreign ships. 

Re. 1.00 p. per ton. 

(2) Madhwad 

(2) Coasting ships. 

Re. 0.50 p. per ton. 

Once in 30 days in case 
of each vessel. 
-do- 

(3) Veraval 

(4) Mangrol 

(3) Sailing Vessels. 

Re. 0.35 p. per ton. 

(4) Tugs, ferry and 
river ships. 

Re. 0.50 p. per ton. 

(5) Foreign ships 

Rs. 2.50 p. per ton. 

-do- 

Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 
Once  in30  day  in  case 
of each vessel. 

Re. 1.00 p. per ton. 

-do- 

bringing cargo 
for transhipment 
in daughter 
ships. 

(6) Daughter ships 
in ballast being 
loaded with 
cargo from 
tankers and 
leaving for ports 
other than 
Gujarat State 
ports. 

V. Porbandar Group of ports: 
(1) Porbandar 

(1) Foreign ships. 

Re. 1.00 p per ton. 

Once  in  30  day  in  case 
of each vessel. 

(2) Coasting ships. 

R. 0.50 p per ton. 

-do- 

(3) Sailing vessels. 
(4) Tugs, ferry and 
river ships. 

Re. 0.35 p per ton. 
Re. 0.60 p per ton. 

-do- 
Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 

39 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(5) Foreign ships 

Rs. 1.00 p per ton. 

Once  in  30  day  in  case 
of each vessel. 

Re. 1.00 p per ton. 

-do- 

bringing cargo 
for transhipment 
in daughter 
ships. 

(6)  Daughter  ships 
in  ballast  being 
with 
loaded 
from 
cargo 
tankers 
and 
leaving  for  ports 
than 
other 
Gujarat 
State 
ports. 

VI. Okha Group of Ports: 

(1) Dwarka (Rupen) 
(2) Okha 

(3) Beyt 

(1) Foreign ships. 

Re. 1.00 p per ton. 

(2) Coasting ships. 

R. 0.50 p per ton. 

-do- 

(3) Sailing vessels. 
(4) Tugs, ferry and 
river ships. 

Re. 0.35 p per ton. 
Re. 0.60 p per ton. 

(5) Foreign ships 

Rs. 1.00 p per ton. 

-do- 
Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 

Once  in  30  day  in  case 
of each vessel. 

Re. 1.00 p per ton. 

-do- 

bringing cargo 
for transhipment 
in daughter 
ships. 

(6)  Daughter  ships 
in  ballast  being 
with 
loaded 
from 
cargo 
and 
tankers 
leaving  for  ports 
than 
other 
Gujarat 
State 
ports. 

VII. Bedi Group of Ports: 

(1) Pindhara 
(2) Salaya 
(3) Sikka 
(4)  Bedi  (including 

Rozi) 

(5) Jodia 

(1) Foreign ships. 

Re. 1.00 p per ton. 

(2) Coasting ships. 

Re. 0.50 per ton. 

-do- 

(3) Sailing Vessels.  Re. 0.60 p per ton. 

-do- 

40 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(4) Tugs, ferry and 
river ships. 

Re. 0.60 p per ton. 

Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 

Once  in  30  day  in  case 
of each vessel. 

Rs. 1.00 p per ton. 

Re. 1.00 p per ton. 

-do- 

(5) Foreign ships 
bringing cargo 
for transhipment 
in daughter 
ships. 

(6)  Daughter  ships 
in  ballast  being 
with 
loaded 
from 
cargo 
and 
tankers 
leaving  for  ports 
than 
other 
Gujarat 
State 
ports. 

VIII. Navlakhi Group of pots: 
(1) Navlakhi 

(1) Foreign ships. 

Re. 1.00 p per ton. 

Re. 0.50 per ton. 

(2) Coasting ships. 
(3) Sailing Vessels.  Re. 0.60 p per ton. 
Re. 0.60 p per ton. 
(4) Tugs, ferry and 
river ships. 

Once  in  30  day  in  case 
of each vessel. 

-do- 

-do- 

Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 

Once  in  30  day  in  case 
of each vessel. 

(5) Foreign ships 
bringing cargo 
for transhipment 
in daughter 
ships. 

(6)  Daughter  ships 
in  ballast  being 
with 
loaded 
from 
cargo 
tankers 
and 
leaving  for  ports 
than 
other 
State 
Gujarat 
ports. 

Rs. 1.00 p per ton. 

Re. 1.00 p per ton. 

-do- 

41 

 
 
 
 
 
 
 
 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

IX. Mandvi Group of Ports: 

(1) Mundra  

(1) Foreign ships. 

Re. 1.00 p per ton. 

(2) Mandvi 
(3) Jakhau 
(4) Koteshwar 

Re. 0.50 per ton. 

(2) Coasting ships. 
(3) Sailing Vessels.  Re. 0.60 p per ton. 
Re. 0.60 p per ton. 
(4) Tugs, ferry and 
river ships. 

Once  in  30  day  in  case 
of each vessel. 

-do- 

-do- 

Twice  in  a  year  i.e.  to 
say  once  between  the 
1st  January  to  the  30th 
June  and  once  between 
the  1st  July  to  the  31st 
December. 

Once  in  30  day  in  case 
of each vessel. 

Rs. 1.00 p per ton. 

Re. 1.00 p per ton. 

-do- 

(5) Foreign ships 
bringing cargo 
for transhipment 
in daughter 
ships. 

(6)  Daughter  ships 
in  ballast  being 
with 
loaded 
from 
cargo 
tankers 
and 
leaving  for  ports 
than 
other 
Gujarat 
State 
ports. 

Explanations to Part XI of the First Schedule. 

Explanation 1.—(a) The ports shown under each of the nine groups in the first column of the table 
shall  be  treated  as  if  they  were  only  one  port.  The  payment  of  the  dues  at  the  first  port  called  in  a 
group  shall  exempt  the  vessel  for  the  period  shown  in  column  4  in  the  table  fr om  the  liability  of 
payment of the dues again on re-entering or entering that or any other port in the same group. 

(b) No port dues shall be charged in respect of vessel of less than 10 tons or any fishing boat.  

(c) A vessel in distress with no cargo on board brought into harbour in tow shall be charged with three-

fourths of port dues. 

(d) A coastal ship entering a port, bringing coal or taking salt shall be charged port dues at ten per cent. 

less than the rates with which she would otherwise be chargeable. 

Explanation 2.—(a) In determining of the measurement of the net tonnage for the purpose of calculating 
the charges, a fraction of half a ton or more shall be counted as one ton and less than half ton shall be ignored. 

(b) The period of thirty days shall be reckoned from the date of entry of the vessel into the port.  

(c) “Vessel” includes any ship, boat, sailing vessel or other description of vessel used in the navigation. 

(d)  “Sailing  vessel”  means  any  description  of  vessel  provided  with  sufficient  sail  area  for  navigation 
under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or 
canoe but does not inclued a pleasure craft. 

(e) “Ship” does not include a sailing vessel. 

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(f) “Coastal ship” means a ship which at any port in Gujarat discharges exclusively from or takes any 

cargo exclusively for any port in the Republic of India and is not enagaged in overseas trade. 

(g) “Foreign ship” means a ship which is not a coasting ship. 

Explanation 3.—If the vessel, in the course of her voyage or during stay in the port, changes 
her character from a coasting vessel to a foreign ship or  vice versa, port dues shall be charged at 
the rates leviable in respect of foreign ships. 

Explanation 4.—(a) A vessel entering a port and taking in only provisions, water, bunker -coal or 
liquid fuel for her own consumption shall be charged port dues at half the rate with which she would 
otherwise be chargeable. 

(b) A vessel that has paid half the port dues under clause  (a) above re-enters the same port with 
cargo or passengers or both within thirty days from the date of its previous entry in the port shall be 
charged the difference between the dues already paid and those payable at the full rate 

Explanation  5.—When  a  vessel  which  has  been  charged  port  dues,  leviable  under  Government  of 
Gujarat,  Public  Works  Department,  Notification  No.  G/J/48/75/IPA-2975-M,  dated  the  5th  December, 
1975, re-enters the same port with cargo or passengers or for any other purpose within thirty days from 
the date of its previous entry on the port, it shall be charged the difference between the dues already paid 
and those with which she would otherwise be chargeable.] 

THE SECOND SCHEDULE.—[Enactment repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 

and the Schedule. 

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